United States Second Circuit

MELZER v. BOARD OF EDUC. OF CITY SCH. DIST. OF CITY OF NEW YORK, 02-7338

Read MELZER v. BOARD OF EDUC. OF CITY SCH. DIST. OF CITY OF NEW YORK, 02-7338
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Although plaintiff teacher's freedom to associate with and advocate for North American Man/Boy Love Association (NAMBLA) is protected by the First Amendment, defendant met its burden by demonstrating that plaintiff's association and his degree of active involvement in NAMBLA caused disruption to the school's mission and operations justifying his termination.

Appellate Information

Argued 12/03/2002
Decided 07/16/2003
Published 07/16/2003

Judges

CARDAMONE, Circuit Judge., Before: VAN GRAAFEILAND, CARDAMONE, and JACOBS, Circuit Judges.

Court

United States Second Circuit

Counsel

For Appellant:
Eugene B. Nathanson, New York, New York, for Plaintiff-Appellant.

For Appellees:
Ronald E. Sternberg, New York, New York (Michael A. Cardozo, Corporation Counsel of the City of New York, Leonard Koerner, Jonathan Pines, New York, New York, of counsel), for Defendants-Appellees.