JEFFREY J. HEFFERNAN v. CITY OF PATERSON, NEW JERSEY, ET AL.
Supreme Court of the United States, Breyer, Filed Apr. 26, 2016,
First Amendment – Action taken based on perceived constitutionally protected political activity is also protected, even if the perception was incorrect

(Dissent – Thomas with Alito – There should be no constitutional remedy for someone whose constitutional rights were not violated)

Police detective was demoted after being observed with sign for mayor’s opponent, even though his mother had asked him to pick one up for her and he was not personally participating.

Without expressing an opinion, the Court remanded for determination of whether there was a neutral policy in place prohibiting overt officer involvement in any political campaign and whether that policy was constitutional.