Tomorrow's First Amendment patronage case at #SCOTUS — http://www.scotusblog.com/case-files/cases/heffernan-v-paterson/ … — could be a doozy.
And! The SG's Office has sided with the demoted officer, Heffernan, and against the City of Paterson, N.J.
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Issue: What happens when govt officials retaliate against someone bc of perceived political acts of employee — but the officials are wrong?
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They thought Heffernan was supporting opponent of the current mayor, so demoted him. He wasn't, so the city says it can't be retaliation!
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Heffernan, on the other hand, says the First Amendment should protect him even when he had no intention to make a political statement.
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It's like the Dormant First Amendment Clause!
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@chrisgeidner Well, uh… -
@theglipper IS THAT A THING!? -
@chrisgeidner I suppose you could argue that the right to travel is sort of a dormant First Amendment, but… - 2 more replies
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