A recent federal court decision suggests that judges are finally getting tough on government employers who punish employees for supporting the “wrong” political views in their lives outside work.

Though the First Amendment bars the government from punishing speech solely because of its political point of view, the legal doctrine of qualified immunity shields officials from liability for violations where the law is murky. As a result, employees can have a difficult time holding their supervisors accountable for retaliation for their speech outside work.