Cite as: 518 U. S. 668 (1996)
Opinion of the Court
the dissent would give the government carte blanche to terminate independent contractors for exercising First Amendment rights. And that bright-line rule would leave First Amendment rights unduly dependent on whether state law labels a government service provider's contract as a contract of employment or a contract for services, a distinction which is at best a very poor proxy for the interests at stake. See Comment, Political Patronage in Public Contracting, 51 U. Chi. L. Rev. 518, 520 (1984) ("[N]o legally relevant distinction exists between employees and contractors in terms either of the government's interest in using patronage or of the employee or contractor's interest in free speech"); cf. Perry, 408 U. S., at 597 (the prohibition of unconstitutional conditions on speech applies "regardless of the public employee's contractual or other claim to a job"). Determining constitutional claims on the basis of such formal distinctions, which can be manipulated largely at the will of the government agencies concerned, see Logue v. United States, 412 U. S. 521, 532 (1973) (noting that independent contractors are often employed to perform "tasks that would . . . otherwise be performed by salaried Government employees"), is an enterprise that we have consistently eschewed. See, e. g., Lefkowitz v. Turley, 414 U. S. 70, 83 (1973) (in the context of the privilege against self-incrimination, "[w]e fail to see a difference of constitutional magnitude between the threat of job loss to an employee of the State, and a threat of loss of contracts to a contractor"); cf. Colorado Republican Federal Campaign Comm. v. Federal Election Comm'n, ante, at 622 (opinion of Breyer, J.) ("[T]he government 'cannot foreclose the exercise of [First Amendment] rights by mere labels' ") (quoting NAACP v. Button, 371 U. S. 415, 429 (1963)); Escobedo v. Illinois, 378 U. S. 478, 486 (1964) (declining to "exalt form over substance" in determining the temporal scope of Sixth Amendment protections); Crowell v. Benson, 285 U. S. 22, 53 (1932) ("[R]egard must be had, . . . in . . . cases where constitutional limits are invoked, not to mere matters of form
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