Board of Comm'rs, Wabaunsee Cty. v. Umbehr, 518 U.S. 668, 3 (1996)

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670

BOARD OF COMM'RS, WABAUNSEE CTY. v. UMBEHR

Opinion of the Court

Umbehr's suit concerns the termination or nonrenewal of a pre-existing commercial relationship with the government, this Court need not address the possibility of suits by bidders or applicants for new government contracts who cannot rely on such a relationship. Pp. 685-686. 44 F. 3d 876, affirmed and remanded.

O'Connor, J., delivered the opinion of the Court with respect to Parts I, II-A, II-B-2, and III, in which Rehnquist, C. J., and Stevens, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined, and the opinion of the Court with respect to Part II-B-1, in which Stevens, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, post, p. 686.

Donald Patterson argued the cause for petitioner. With him on the briefs was Steve R. Fabert.

Robert A. Van Kirk argued the cause for respondent. With him on the brief was Richard H. Seaton.

Beth S. Brinkmann argued the cause for the United States as amicus curiae urging affirmance. On the brief were Solicitor General Days, Assistant Attorney General Hunger, Deputy Solicitor General Bender, Cornelia T. L. Pillard, William Kanter, and Robert D. Kamenshine.*

Justice O'Connor delivered the opinion of the Court.†

This case requires us to decide whether, and to what extent, the First Amendment protects independent contractors from the termination of at-will government contracts in retaliation for their exercise of the freedom of speech.

I

Under state law, Wabaunsee County, Kansas (County), is obliged to provide for the disposal of solid waste generated

*Briefs of amici curiae urging affirmance were filed for the American Civil Liberties Union et al. by Robin L. Dahlbert, Marjorie Heins, and Steven R. Shapiro; and for the Planned Parenthood Federation of America, Inc., by Bruce J. Ennis, Jr., Anthony C. Epstein, Julie M. Carpenter, Nory Miller, Roger K. Evans, Dara Klassel, and Eve W. Paul.

†The Chief Justice joins all but Part II-B-1 of this opinion.

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