Whether retaliation chilled free speech under an objective or subjective test

QUESTIONS PRESENTED FOR REVIEW 1. Did the Second Circuit err in adopting a subjective test for whether retaliation chilled free speech, contrary to at least six other Circuits that use an objective test. 2. Did the Second Circuit err in holding that the plaintiff could be arrested for posting pure political speech on social media? 3. Did the trial court err in holding that the individual defendants were entitled to qualified immunity as it was not clearly established that a citizen could not be arrested for posting pure political speech on Facebook? 4. Did the trial court err in holding that a website post can constitute aggravated harassment under New York law? 5. Did the trial court err in granting summary judgment to the defendants? 6. Did the trial court err in holding that the defendants were entitled to summary judgment with respect to the malicious prosecution causes of action? ii Il.