What is the test for a freedom of association claim?

To prevail on a First Amendment retaliation claim, the plaintiff must prove that (1) he has engaged in a protected First Amendment activity, (2) he suffered an adverse employment action, and (3) the protected activity substantially motivated the adverse employment action. Smith v. Cty. of Suffolk, 776 F.3d 114, 118 (2d Cir. 2015) (per curiam). "[A] public employee bringing a freedom of association claim must demonstrate that the association or associational activity at issue touches on a matter of

Page 4