What is the test for First Amendment retaliation by a government actor?
MultiRegion, United States of America
The following excerpt is from Agosto v. N.Y.C. Dep't of Educ., 982 F.3d 86 (2nd Cir. 2020):
To establish First Amendment retaliation by a government actor, the plaintiff must demonstrate that "(1) his or her speech or conduct was protected by the First Amendment; (2) the defendant took an adverse action against him or her; and (3) there was a causal connection between this adverse action and the protected speech." Montero v. City of Yonkers , 890 F.3d 386, 394 (2d Cir. 2018) (alterations omitted).
[982 F.3d 95]
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