An Arizona appeals court has vacated a Superior Court order upholding the suspension of a police sergeant for allegedly violating the Phoenix Police Department’s social media policy.

In a matter of first impression, the Arizona Appeals Court, Division One, examined what they called the “unique language” of the Phoenix City Charter. According to the appeals court’s opinion, the court held that the charter required the Civil Service Board to consider the officer’s argument and evidence that the sanction violated her First Amendment rights.