On April 26, the U.S. Supreme Court issued an opinion in Heffernan v City of Paterson, New Jersey, 14-1280. By a vote of 6-2, the Court ruled that a policeman who was demoted because he was seen holding a campaign sign for a candidate for Mayor is entitled to damages. It was already settled law that government employees cannot be demoted, fired, or denied promotion, just because of their political activities, unless they are in policy-making decisions or work closely with policy-making officials.
But in this case, the policeman had not actually been campaigning for any candidate for Mayor. He was merely delivering a campaign sign to his bedridden mother, who wanted to put the sign in her lawn. The lower courts denied any relief for the policeman, on the theory that while he may have been protected if he had been engaging in campaigning, in this case he wasn’t campaigning. The U.S. Supreme Court reversed the lower courts and said even if he wasn’t campaigning, the fact that he was demoted because he was thought to be campaigning also entitles him to relief. See this story.