The publisher of a weekly newspaper in Westchester County has failed to win damages for First Amendment retaliation because he could not prove that comments made by Yonkers Mayor Philip Amicone actually chilled his speech.
In fact, a unanimous panel of the U.S. Court of Appeals for the Second Circuit observed in a footnote that far from chilling the speech of Selim Zherka, the publisher of the Westchester Guardian, the mayor’s alleged statements “seem rather to have inflamed it.”
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