April 28, 2016
There was a case before the Supreme Court recently, where a guy got fired by a police department because someone thought he was involved in a political campaign. He wasn’t.
He sued for violation of his First Amendment rights, but lower courts said that because he hadn’t actually been exercising his First Amendment rights, he couldn’t sue; even though the department fired him because they thought he’d been exercising them.
It sounds like one of those dodges that TV lawyers use, but that you don’t think really happen in actual courtrooms.
The Supreme Court says that yes, he can sue.