11/19/2025
As civil rights lawyers, it was our privilege yesterday to ask New York state's highest court to hold unlawful the firing of our client, a Jewish Temple's Hebrew School language teacher, fired because she wrote, on her own time, outside of work, pre-hire, on her personal blog, a 2021 post criticizing the Israeli occupation and treatment of Palestinians. New York's high court takes few discretionary appeals annually; our client's appeal was the 28th and final case in last year's term with leave to appeal granted!
New York's 201-d Labor Law protects what employees think and do in their "recreational time" and the key issue is whether the statute protects only the recreational activity (of blogging), or the viewpoint expressed in the recreational activity. It has to, because in the words of Marshall McLuhan, the message cannot be separated from the medium!
This is an extremely important and case that implicates the right to advocate for and in New York.