In 2008, Ron Posner was supposedly told that if he didn't relinquish custody of his newborn daughter, his father-in-law would tell the Pelham Union Tree School District about Posner's alleged affair with a student's mom.
When Posner refused, and his in-law carried through on the threat, Posner was eventually denied tenure and forced to resign. After he filed a lawsuit--based on prima facie tort and tortious interference with contract--his in-law asked to have the case thrown out, because the alleged affair was a matter of "public interest" and was arguably immune from suit.
While both the Appellate Division, First Department, and the New York State Court of Appeals acknowledged that someone can't be sued for disclosing career-damaging information--when that information ultimately serves a higher purpose and is in the "public's interest"--because Posner was essentially "blackmailed," they were of the view that exception didn't apply to this case.
There's no extorting a comment from us.
To view a copy of the Court of Appeals' decision, please use this link: Posner v. Lewis