Cite as: 518 U. S. 668 (1996)
Opinion of the Court
We granted certiorari to resolve a conflict between the Courts of Appeals regarding whether, and to what extent, independent contractors are protected by the First Amendment. The Fifth and Eighth Circuits agree with the Tenth Circuit. See Blackburn v. Marshall, 42 F. 3d 925, 931-935 (CA5 1995); Copsey v. Swearingen, 36 F. 3d 1336, 1344 (CA5 1994); North Mississippi Communications, Inc. v. Jones, 792 F. 2d 1330 (CA5 1986); Smith v. Cleburne County Hospital, 870 F. 2d 1375, 1381 (CA8), cert. denied, 493 U. S. 847 (1989); but see Sweeney v. Bond, 669 F. 2d 542 (CA8), cert. denied, 459 U. S. 878 (1982). See also Abercrombie v. Catoosa, 896 F. 2d 1228, 1233 (CA10 1990) (allowing an independent contractor to sue for termination based on his speech and political activities). The Third and Seventh Circuits have, however, held that an independent contractor who does not have a property interest in his contract with the government has no right not to have that contract terminated in retaliation for his exercise of First Amendment freedoms of political affiliation and participation. See Horn v. Kean, 796 F. 2d 668 (CA3 1986) (en banc); O'Hare Truck Service, Inc. v. Northlake, 47 F. 3d 883 (CA7 1995), reversed, post, p. 712; Downtown Auto Parks, Inc. v. Milwaukee, 938 F. 2d 705 (CA7), cert. denied, 502 U. S. 1005 (1991); Triad Assocs., Inc. v. Chicago Housing Authority, 892 F. 2d 583 (CA7 1989), cert. denied, 498 U. S. 845 (1990).
We agree with the Tenth Circuit that independent contractors are protected, and that the Pickering balancing test, adjusted to weigh the government's interests as contractor rather than as employer, determines the extent of their protection. We therefore affirm.
II
A
This Court has not previously considered whether, and to what extent, the First Amendment restricts the freedom of
673
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007