The Washington PostDemocracy Dies in Darkness

A sports writer was fired after comparing Trump’s inauguration to 9/11. Now he’s suing.

A copy of New York Post is seen in a kiosk following Donald Trump’s presidential win. (Bryan R. Smith/AFP/Getty Images)

Former New York Post sports reporter Bart Hubbuch is suing the newspaper, claiming it had no legal basis to fire him in January, after he had posted a since-deleted tweet critical of President Trump. Hubbuch had compared the day of Trump’s inauguration to the Pearl Harbor and Sept. 11 attacks.

Pro Football Talk reported Wednesday that Hubbuch’s lawsuit cites New York labor law, including a section that bars firings based on “an individual’s legal recreational activities outside work hours, off of the employer’s premises and without use of the employer’s equipment or other property.” According to the website, Hubbuch is claiming that his tweet was posted “outside of work, on his own time, under his own name, in his own home, from his own Twitter feed, and without the use of any of the [New York] Post’s equipment or other property.”

The New York Post had cited that tweet in a statement last week about Hubbuch’s firing: “We expect our reporters to interact with the public, including on social media, in a professional manner. Unfortunately, Mr. Hubbuch has engaged in a pattern of unprofessional conduct and exhibited serious lack of judgment, including most recently showing disrespect for the victims of Pearl Harbor and 9/11.”

That stands as the New York Post’s comment on the matter, a representative for the newspaper told The Washington Post Wednesday. However, the representative, who spoke on background, emphasized the unspecified “pattern of unprofessional conduct” mentioned in the statement and noted that other Post reporters have tweeted political sentiments without any repercussions.

. An attorney for Hubbuch told The Washington Post, “We think the most prudent course at this time is to refrain from public comment, and allow the matter to be decided in a court of law.”

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The lawsuit also claims that the veteran sports writer’s tweet was within the context of the New York Post’s edgy approach. “Not known for its sensitivity,” Hubbuch states in the filing, “the [New York] Post regularly exploits tragedy, violence and death to sell news. It also pushes the bounds of what is considered appropriate news coverage.”

“In keeping with its tabloid style, the [New York] Post has sensationalized the actual or perceived the fault of democratically elected leaders by running covers showing them dressed up like tyrants responsible for murder, torture and repression,” the lawsuit notes.

Hubbuch says he was told by New York Post management that he would not be fired if he apologized for the tweet, which he quickly did twice via Twitter, although he subsequently deleted those tweets as well. “I have deeply held beliefs and feelings, and I let emotion get the best of me today. Again, my apologies to anyone I offended,” said one tweet (via For the Win), with the other stating, “My sincere apologies for comparing this day to 9/11. It was insensitive and wrong, and I shouldn’t have done it.”

The New York Post is owned by Rupert Murdoch’s News Corp., and the lawsuit claims Hubbuch’s firing was “influenced by Murdoch’s interest in pleasing Trump and not upsetting him, now that Trump has the power to either directly benefit or harm Murdoch and 21st Century Fox.”

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