"If he was fired for these tweets, I think he may have a strong case to defend himself and say, 'Hey, look, my speech was constitutionally protected,'" Shear said. "We have a lot of officials who say a lot of unpopular and offensive things. We have some people running for president saying some unpopular and offensive things. But we live in a country where you have a right to a certain extent to voice your opinion without fear of being retaliated against."