In light of our current toxic and vindictive politics and a circuit split, under a-person-of-ordinary-firmness test, does a referral by one governmental official to another governmental official for a potential criminal investigation constitute adverse action sufficient to meet the elements of a First Amendment retaliation claim where there is no indication that the petitioner was ever investigated?

Whether a referral by a governmental official to another official for potential criminal investigation constitutes adverse action under First Amendment retaliation doctrine in the absence of an actual investigation