Perceived Political Expression Protected By First Amendment, Supreme Court Says

In a 6-2 decision, the Supreme Court today held that the First Amendment of the U.S. Constitution protects both actual and perceived political speech and expression by public employees. The unsurprising decision squares with decisions from several lower appellate circuit courts, and should serve as a warning sign for public sector employers. Heffernan v. City of Paterson.

What Does The First Amendment Protect?

As a general proposition, the First Amendment – which guarantees freedom of speech and association – prohibits non-political public employees (such as police officers, firefighters, and teachers) from being terminated or demoted for supporting a particular political candidate. Those public employees are free to support the candidate of either political party (or neither) without fear of reprisals.