contest with medians it is somewhat different it's that and it's part of what we've seen in other contexts where the courts have struggled with sort of what's what's collective bargaining and what is wh governed by the first amendment joining here and being a part of the union that may in some instances trigger first amendment right of expressive association but for purposes of qualified immunity you need more you need more specificity because as here we have sixteen thousand five hundred members i think the only person in the end the police department and it's not a member of the union is the commissioner so so if you're saying through to district judges yes and at the end of the day it appears that the only thing well is a single claim or a cause of action yes in reach sounding in retaliation correct you didn't prevail on your summary judgment motion there speaking only for myself of course i have some doubts about that but you're stuck with it ok an inference that he was singled out to be sacrificed whatever that means because of the union's decision to advance you greta and that defendant would not have taken the action he did in the o into it the point is he was subject to discipline some sort he just didn't know exactly why yes and i guess when his position would be well when the union did not when the union would not to be a public consumer in here the right of association requires also a public why isn't the department and the chiefs conduct if officer rossiter was fired so that because his union took action to oppose the chief's ramses disciplinary policy why should we conclude that race is a matter of public concern if indeed two to two possibilities for our successful claim the first one is the most direct one and it's what the district court did find so we have to follow that by that a jury could find and it's what a judge that he referred to as worrying your so under longstanding law that that's done that that's not clearly established that that's that's one book law you can't be fired because a membership those are the facts down by the district court so i don't think we need to go any unlike the the the the fighting because you're a union member which is just so clear on the wall here you get into those areas where this court has said repeatedly that that you don't need precise factual correspondence with the prior case question if it is going to have any place in this case at all it would be here because i i don't see but the question about public concern is in the first one if you're fired because you're a new member that doesn't even get to the issue has a place is  the reason that that that this speech context it's different is because and employs somebody his speech the speech may or may not be protected you may or may not if you're wrong if you if you engage the public concern here  complete public concern applies to the association right under the first of them i honestly don't logically see how it can your honor because as we were saying before the public concern requirement is really to test whether it's really to draw a line whether employee conduct is disruptive in the workplace you know so it's a whether an employee speaking in the workplace about something that has nothing to do with work you test that to see whether public concern require a by its very nature and even in a supreme court case that extended to petition claims to titian also asked to do with the looking at whether they're they're raising a public concern versus at least nega back and forth and that's definitely part and parcel of what we're talking about not only an issue of court in this court could we return to the question of whether or not you clearly were affected we raised the issue for the district court of public concern because mary i know what your response to me was previously and your adversary mentioned just a few moments ago something that or when someone is individually is advocating for a king and his sat down for that work we can look at another piece that that was issued after after the after the firing that is that we comes into play what would happen hypothetically if the department here began summarily firing every person under disciplinary investigation because  future cases where discipline oh of an officer and where he follows the unsuccessful effort of the city or the commissioner