McFadyen v. Duke Univ., 786 F. Supp. 2d 887, 949 (M.D.N.C. 2011) ("[T]he Court rejects Plaintiffs' legal contention that declining to speak to police officers during a criminal investigation raises First Amendment protections."), aff'd in part, rev'd in part, dismissed in part on other grounds sub nom. Evans v. Chalmers, 703 F.3d 636 (4th Cir. 2012). But see Mendia v. Garcia, No. 10-CV-03910-MEJ, 2016 WL 2654327, at *8 (N.D. Cal. May 10, 2016) (recognizing that plaintiff had a First Amendment right not to speak to ICE agents). Because it was not clearly established that Mr. Moore had a First Amendment right to remain silent when questioned by Defendants, Defendants are entitled to qualified immunity on the First Amendment claims based on Mr. Moore's silence.