Cite as: 518 U. S. 668 (1996)
Opinion of the Court
fusing to take an oath regarding their political affiliation, see, e. g., Wieman v. Updegraff, 344 U. S. 183 (1952); Keyishian v. Board of Regents of Univ. of State of N. Y., 385 U. S. 589 (1967), for publicly or privately criticizing their employer's policies, see Perry, supra; Mt. Healthy City Bd. of Ed. v. Doyle, 429 U. S. 274 (1977); Givhan v. Western Line Consol. School Dist., 439 U. S. 410 (1979), for expressing hostility to prominent political figures, see Rankin v. McPherson, 483 U. S. 378 (1987), or, except where political affiliation may reasonably be considered an appropriate job qualification, for supporting or affiliating with a particular political party, see, e. g., Branti v. Finkel, 445 U. S. 507 (1980). See also United States v. Treasury Employees, 513 U. S. 454 (1995) (Government employees are protected from undue burdens on their expressive activities created by a prohibition against accepting honoraria); Abood v. Detroit Bd. of Ed., 431 U. S. 209, 234 (1977) (government employment cannot be conditioned on making or not making financial contributions to particular political causes).
While protecting First Amendment freedoms, we have, however, acknowledged that the First Amendment does not create property or tenure rights, and does not guarantee absolute freedom of speech. The First Amendment's guarantee of freedom of speech protects government employees from termination because of their speech on matters of public concern. See Connick v. Myers, 461 U. S. 138, 146 (1983) (speech on merely private employment matters is unprotected). To prevail, an employee must prove that the conduct at issue was constitutionally protected, and that it was a substantial or motivating factor in the termination. If the employee discharges that burden, the government can escape liability by showing that it would have taken the same action even in the absence of the protected conduct. See Mt. Healthy, supra, at 287. And even termination because of protected speech may be justified when legitimate countervailing government interests are sufficiently strong.
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