Petition of the day

Issue: Whether a district court’s decision that a person of “ordinary firmness” would have declined to speak in light of the government’s adverse action is reviewed on appeal solely for clear error, as the U.S. Courts of Appeals for the 3rd, 6th, and 8th Circuits hold, or de novo, as the U.S. Courts of Appeals for the 1st, 9th, 10th, 11th, and District of Columbia Circuits hold.