Montero v. City of Yonkers, ___F.3d___(2d Cir. May 16, 2018), is an important First Amendment decision. http://www.ca2.uscourts.gov/decisions The Court held that certain speech made at a union meeting can be protected by the First Amendment. The Court did not go as far as several other circuits which held that speech made at a union meetings is per se speech made by a private citizen. Specifically, the 2d Circuit stated:
This decision is lengthly and it spans about 45 pages. The decision reviews the history of First Amendment jurisprudence in this Circuit and is a primer on First Amendment protections for public employees or the lack thereof which readers should be aware of.While we therefore decline to decide categorically that when a person
speaks in his capacity as a union member, he speaks as a private citizen, we conclude that, under the facts of this case as set out in the amended complaint, when Montero spoke in his capacity as a union member, he spoke as a private citizen. This was because, taking the amended complaintʹs allegations as true, Montero spoke in his role as a union officer, and his union speech was not composed of statements made as a ʺmeans to fulfillʺ or ʺundertaken in the course of performingʺ his responsibilities as a police officer. Weintraub, 593 F.3d at 203 (quotation marks omitted). Consequently, he engaged in citizen speech for purposes of the First Amendment.