Supreme Court Of The United States Hears Free Speech Case

[From Court]
Question
Does the First Amendment prohibit the government from demoting a public employee based on a supervisor’s perception that the employee supports a political candidate?

Facts of the case
Jeffrey Heffernan was a police officer for the City of Paterson, New Jersey. A fellow police officer observed Heffernan picking up a campaign sign for the mayoral candidate running against the incumbent. When a supervisor confronted him, Heffernan claimed that he was not politically involved, could not vote in the City of Paterson, and was picking up the sign on behalf of his mother. Heffernan was demoted to a walking post because his actions were considered to be “overt involvement in political activities.” Heffernan sued the City of Paterson and claimed that the City had violated his First Amendment rights to freedom of speech association. However, the City filed a motion for summary judgment on Heffernan’s free association claim. The district court granted the City’s motion for summary judgment because there was no evidence Heffernan associated himself with the political candidate at issue. Heffernan admitted himself, that he was not associated with the candidate, therefore there is no evidence of a violation of free association. The U.S. Court of Appeals for the Third Circuit affirmed.

https://www.oyez.org/cases/2015/14-1280
Heffernan v. City of Paterson
ORAL ARGUMENT - JANUARY 19, 2016



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http://www.newyorker.com/news/news-desk/heffernan-v-paterson-and-an-absurd-first-amendment-doctrine

JANUARY 20, 2016
Heffernan v. Paterson and an Absurd First Amendment Doctrine
BY GILAD EDELMAN

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http://www.nationalreview.com/bench-memos/430076/dancing-dark-heffernan-v-city-paterson

Oral Arguments in Heffernan v. City of Paterson: Dancing in the Dark
by JONATHAN KEIM

January 20, 2016 4:42 PM

@JONATHANKEIM

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http://www.foxnews.com/politics/2016/01/24/demoted-nj-cops-first-amendment-case-divides-supreme-court.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+foxnews%2Fmost-popular+%28Internal+-+Most+Popular+Content%29

Demoted NJ cop's First Amendment case divides Supreme Court
Published January 24, 2016

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