became effective in June 2013, and the parties agree that it was not retroactive to Phillips’s January 2012 termination. Because we ultimately conclude that the overbreadth challenge must fail on the merits, we do not address the City’s argument that this challenge is moot in light of the Gallegos Act. 4 . The Hatch Act also applied until recently to state and local employees whose positions were paid for even in part by federal funds. See S.Rep. No. 112-211, at 3-5 (2012), 2012 U.S.C.C.A.N. 750, 752-55. 5 . The state's attorney general had interpreted the statute to apply only to partisan political activity. See Broadrick, 413 U.S. at 617-18, 93 S.Ct. 2908. 6 . Other circuits have addressed these challenges similarly. See, e.g., Otten v. Schicker, 655 F.2d 142, 143, 145 (8th Cir.1981) (<HOLDING>); see also Wilbur v. Mahan, 3 F.3d 214, 219
holding that if a police officer inflicted no constitutional injury on a suspect it is inconceivable that the police commissioners could be liable to the suspect holding police officer is a public official holding that a police officer may as a matter of course order the driver of a lawfully stopped car to exit his vehicle holding that a police officer who sought nomination for a senate seat overlapping with his police district could lawfully be prevented by police regulation from seeking that seat holding that text messages forwarded to a police officer after their initial transmission were not intercepted by police but instead later disclosed to police and therefore not contemporaneously acquired as prohibited by the wiretap act