From Amitay v. Jews for Jesus, decided Thursday by the California Court of Appeal (Justice Marla Miller, joined by Justices James Richman and Tara Desautels):
In December 2023, JFJ posted on its social media pages, including on Facebook and Instagram, a blurred photograph of an Israeli soldier wearing a yarmulke. Above the photograph was the following text attributed to "Nachman": "'Thank you for leaving at my home a copy of the New Testament. I look forward to reading it when I return home from the war'—Nachman, a young Haredi soldier." {Haredim are sometimes referred to as 'ultra-Orthodox,' although this term may be considered objectionable."} {Some of the posts went on to state: "One of the ways that God provides for His people is through the generosity of other people around the World, like you. Because of your support, we were able to give a copy of the New Testament to Nachman and more than 1,000 Israelis in 2023!"}
Amitay filed a complaint against JFJ, attaching screenshots of JFJ's posts. He alleged that the photographs posted by JFJ were photographs of him, that they had been posted without his consent, and that defendant had defamed him …. Amitay alleged that he was a Jewish Orthodox rabbi who had "dedicated his life to the study of the Jewish Orthodox faith and committed many years studying to become a rabbi," recounting about a dozen years of study.
He had finally gotten a job teaching at an institution in Israel where he had worked for two years, a position he described as his "dream job." His job "suddenly came to an end as he was terminated … due to an egregious act by JFJ," namely, "upload[ing] photos of Amitay on [its] social media pages." He alleged: "JFJ posted a picture of [him] on their website giving the appearance that he supports JFJ's cause. Not only was a photo uploaded, but the post included a caption also falsely expressing that [he] supported JFJ's religious views." Amitay alleged that he is "an Orthodox Jew, a more traditional branch of Judaism, which [has] starkly different views from JFJ." He "never before associated with JFJ and disagrees with their religious views." …
Amitay alleged that when his employer "saw the pictures posted online," they "expressly stated that his termination was due to the posts online of him supporting JFJ, and that they could not condone or be associated with someone involved with JFJ or their views." Amitay alleged that the posts were false because Amitay "has no affiliation with [JFJ] … and disagrees with [JFJ's] religious views." …
Amitay also submitted third party declarations. Chaim Chadad, who described himself as "a friend and acquaintance," declared: "I saw the picture and it seems that [Amitay] writes there in favor of Christianity for a non-profit organization named Jews for Jesus." Another friend of Amitay, David Menachem Mundel Shaher, declared: "When I saw the picture of [Amitay] with a caption to the effect that he believed in a false god, I was shocked, and it is impossible to express the extent of my shock." A rabbi in the Israeli army declared: "I saw a picture of Ariel Amitay in the [social] media, and I was shocked that an observant Jew would write in support of Christianity for all to see…. This is contrary to his role as a religious Jew …." …
