Smith had to show that he was subjected to adverse actions that caused him to suffer an injury that would likely chill a person of ordinary firmness from continuing to engage in that conduct. The court noted that he had suffered adverse employment actions in the form of multiple disciplinary actions, reduced runs and presumably pay, loss of keys to the station, and presumably loss of status. The court then held that the defendants had failed to show as a matter of law that Herczeg's and Smith's injuries were insufficient.

After considering several additional arguments, the court concluded that the defendants had failed to establish that the suit should be dismissed. While this case is clearly rife with controversy, it nonetheless provides us with some important lessons.

• Although a probationary firefighter can be fired for no reason, this is not a license to violate his or her First Amendment rights.
• The interests of the public frequently are implicated by First Amendment protections as much as those of the speaker.
• A fire department must make a strong showing that its efficiency is threatened to be able to limit its employees' speech.

Philip C. Stittleburg, MIFireE, is a Wisconsin attorney who has been chief of the La Farge (Wis.) Fire Department since 1977. He is legal counsel for the Wisconsin State Firefighters Association and the National Volunteer Fire Council. He is also currently the chairman of the NVFC, the secretary of the National Fire Protection Association and a director of the National Fallen Firefighters Foundation.