Can noncommunicative conduct be "speech or debate" for purposes of the Speech or Debate Clause.

Doe v. Oberweis Dairy, 456 F.3d 704, 718 (7th Cir. 2006) (civil action for sexual harassment in violation of federal law; court of appeals said that although "there is a psychotherapist-patient privilege in federal cases," the privilege is not absolute and the trial court did not err in granting defendant...There is a psychotherapist-patient privilege.

Tanberg v. Sholtis, 401 F.3d 1151, 1169 (10th Cir. 2005) (holding, in plaintiffs' action against police officer for false arrest and excessive use of force, that evidence of police officer's prior arrest incidents was inadmissible and properly excluded by the trial court "given the lack of similarity...If another crime or wrong is offered under the second sentence of Federal Rule of Evidence 404(b) to show the identity of an actor, wrongdoer, or defendant (e.g., to show that a criminal defendant rather than someone else committed the crime for which defendant is on trial), the other crime or wrong and the act, wrong, or crime at issue at trial must have been committed in a distinctive as well as similar fashion.

United States v. Khalil, 279 F.3d 358, 364 (6th Cir. 2002) (upholding trial court's admission of Agent Moran's testimony as non-hearsay evidence because "the challenged testimony was elicited in an effort to explain....If a statement is assertive -- that is, if the declarant's statement does assert that some matter is true -- the statement is nevertheless non-hearsay if the statement is offered to prove that some matter other than the asserted matter is true.