In the case of Heffernan v. City of Paterson, New Jersey (2015), Jeffrey Heffernan, a police officer in Paterson, NJ was demoted after he was seen picking up a campaign sign for the current mayor's political opponent. The city officials believed that this act demonstrated his active involvement in the opposing campaign. However, Heffernan claimed that he was merely picking up the sign for his bedridden mother and not expressing any personal political beliefs. The Supreme Court ruled 6-2 in favor of Officer Heffernan stating that even perceived engagement in protected political activities cannot be grounds for demotion or punishment by public employers as it violates First Amendment rights to free speech and association.

In the dissenting opinion for Heffernan v. City of Paterson, New Jersey, Justice Thomas, joined by Justice Alito, argued that the majority's decision expanded First Amendment protections beyond their intended scope. They contended that because Heffernan was not actually engaging in constitutionally protected political activity—since he claimed to be picking up a campaign sign as a favor and not out of support for any candidate—he could not claim his rights were violated when he faced retaliation from his employer. The justices further asserted that previous case law only protects public employees who are fired or demoted due to their actual exercise of constitutional rights—not those perceived to have done so. Therefore, they believed the city did not violate Heffernan’s First Amendment rights since there was no evidence showing he engaged in any form of expressive conduct.