Adultery is basis for demotion of firefighter

http://www.alliancealert.org/wordpress/2010/04/06/11th-circuit-firefighters-first-amendment-right-if-any-dont-outweigh-county-interest-in-firing-him-for-adultery-with-subordinate/

Starling v. Board of County Commissioners of Palm Beach County, No. 09-11168 (11th Cir. Apr. 6, 2010)
Excerpt:
The primary question in this appeal is whether Palm Beach County and one of its Fire Department officers violated a firefighter’s First Amendment right to intimate association when they demoted him for an extramarital affair with one of his subordinates. We conclude that they did not violate the Constitution because the County’s interest in discouraging extramarital association between supervisors and subordinates is so critical to the effective functioning of the Fire Department that it outweighs the firefighter’s interest in extramarital association with a subordinate, even if we assume arguendo that the First Amendment protects extramarital association as fundamental right.