What is the test for retaliation under the First Amendment?

MultiRegion, United States of America

The following excerpt is from Davis v. Florence, No. 13-4604-pr (2nd Cir. 2015):

To make out a claim of retaliation under the First Amendment, an inmate must establish "(1) that the speech or conduct at issue was protected, (2) that the defendant took adverse action against the [inmate], and (3) that there was a causal connection between the protected [conduct] and the adverse action." Holland v. Goord, 758 F.3d 215, 225 (2d Cir. 2014) (second alteration in original) (quotation marks omitted).

Other Questions


Can an alien be denied First Amendment First Amendment protections? (MultiRegion, United States of America)
When assessing a First Amendment challenge to an ordinance that prohibits same-sex marriage, does the court also have to consider the meaning of the First Amendment? (MultiRegion, United States of America)
Is there any case law supporting a claim that retaliation against a prisoner is retaliation against their First Amendment rights? (MultiRegion, United States of America)
What are the implications of the First Amendment for First Amendment rights of an inmate who is seeking to file a grievance in a federal court? (MultiRegion, United States of America)
What is the test for a retaliation claim under the First Amendment? (MultiRegion, United States of America)
Can a motion for leave to file a further amended complaint, accompanied by affidavits, be considered a first amendment? (MultiRegion, United States of America)
What is the test for a retaliation claim under the First Amendment? (MultiRegion, United States of America)
Can allegations of retaliation against a prisoner's exercise of his First Amendment rights under section 1983 of the Criminal Code be made in a civil case? (MultiRegion, United States of America)
What is the test for a plaintiff to sue for First Amendment retaliation? (MultiRegion, United States of America)
What is the test for a claim of retaliation in violation of the First Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.