NY High Court Punts on Whether Blogging Is Protected Activity

New York’s high court on Tuesday held that a synagogue is not liable for discrimination for firing one of its employees over her pro-Palestine blog post, but punted on the issue of whether blogging is protected activity under the state’s labor law.

The judges instead held that the US Constitution’s ministerial exception bars Jessie Sander from bringing a claim that she was illegally fired from her teaching job at Westchester Reform Temple for a blog post she wrote about Israel and Palestine.

Sander’s job offer letter makes clear her role was “religious, rather than secular, in nature” and falls under ...