Blast from the Pat: Heffernan v. Patterson: The Decision

My first blog post for this class was on the case of a New Jersey police officer who had been demoted after his boss thought he had been showing support for a local campaign that his boss didn't support. Since this is one of my last posts, I thought it would be appropriate to go back and take a look at where the case was today.

As the case made it's way through the court system, it finally reached the US Supreme Court, which released it's ruling earlier this week. The Court found that Heffernan's First Amendment rights had been violated, and that his demotion had been unconstitutional. When Heffernan had presented his case to the lower courts, he had lost the suit. This is because the prior courts had said that picking up a sign for his mother wasn't a use of his First Amendment rights; therefore, there's no way they could have been violated. However, the Supreme Court's 6-2 decision obviously contradicted that of prior rulings. However, the dissenting opinion written by Justice Thomas and Justice Scalia reinforced the prior rulings, saying “Demoting a dutiful son who aids his elderly, bedridden mother may be callous, but it is not unconstitutional,”. Nevertheless, Justice Breyer, a member of the majority opinion wrote that “The upshot is that a discharge or demotion based upon an employer’s belief that the employee has engaged in protected activity can cause the same kind, and degree, of constitutional harm whether that belief does or does not rest upon a factual mistake,”, pretty much, even if Heffernan wasn't expressing his First Amendment rights, his demotion had been based on the assumption that he was, making the action unconstitutional.

All in all, this case was kind of ridiculous, but not as ridiculous as Donald Trumps hair (among other things). I mean really. Look at it.