Rutan v. Republican Party of Illinois (1989)
- Docket
- 88-1872
- Decided
- 1989-01-01
Summary
Question: Did Governor Thompson's practices in Illinois infringe upon the First Amendment rights of potential and current state employees? Conclusion: In a 5-to-4 decision, the Court held that Governor Thompson's practices amounted to an unconstitutional patronage system. The Court found that employees would feel "a significant obligation to support political positions held by their superiors" in lieu of their true beliefs in order to progress up the career ladder. The Court thus held that "promotions, transfers, and recalls after layoffs based on political affiliations or support" were impermissible infringements on the right to free expression of public employees. The Court noted that while the First Amendment was not "a tenure provision" protecting employees from "constructive discharge," it nevertheless prevented the government from interfering with its employees' freedom "to believe and associate."