O'Hare Truck Service, Inc. v. City of Northlake (1995)

Docket
95-191
Decided
1995-01-01

Summary

Question: Did O'Hare Truck Service's removal from Northlake's employment list, as a result of its support for an opposition mayoral candidate, violate O'Hare Truck Services freedom of speech? Conclusion: Yes. The Court held, in an opinion by Justice Anthony Kennedy, that independent contractors, such as O'Hare Truck Service, are entitled to the same First Amendment protections as those afforded to government employees. Accordingly, Northlake could not condition the towing company's employment on its political affiliations or beliefs unless Northlake could demonstrate that O'Hare's political affiliations had a reasonable and appreciable effect on its job performance. The Court held that Northlake neither attempted nor would it have been able to make such a demonstration. Therefore, Northlake's removal of O'Hare Truck Service from its employment list was unconstitutional.

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