On this episode, we review the oral arguments this week in Heffernan v. Paterson, N.J., which considers whether the First Amendment bars the government from demoting a public employee based on a supervisor's misperception of that employee political affiliation. Jeffrey J. Heffernan was demoted when he was seen carrying a political opponent's lawn sign. In fact, Mr. Heffernan was simply picking up the sign for his sick mother, who had her lawn sign stolen the previous day.