O’hare Truck Service, Inc. v. City of Northlake

Summary

Justice Kennedy’s opinion held that the First Amendment protections against political patronage retaliation extend to independent contractors and regular government service providers. O’Hare stated an actionable claim by alleging that the city removed it from a longstanding towing rotation because its owner refused to contribute to the mayor’s campaign and supported an opponent. Independent-contractor status does not justify withholding protections afforded public employees. The Court reversed and remanded, leaving the lower courts to determine whether the Elrod-Branti political-affiliation rule or Pickering speech balancing governs the claim. The text references a dissent by Justice Scalia but does not supply it or identify its joiners.