684
Opinion of the Court
1236; Ky. Const., § 247 (1890), in 3 id., at 1353; La. Const., Art. 42 (1879), in id., at 1447-1478; La. Const., Art. 44 (1898), in id., at 1529; Mich. Const., Art. IV, § 22 (1850), in 4 id., at 1948-1949; Miss. Const., Art. 4, § 107 (1890), in id., at 2102; Mont. Const., Art. V, § 30 (1889), in id., at 2308; Neb. Const., Art. II, § 23 (1866-1867), in id., at 2353; Ohio Const., Art. XV, § 2 (1851), in 5 id., at 2932; Pa. Const., Art. III, § 12 (1873), in id., at 3127; Tex. Const., Art. XVI, § 21 (1876), in 6 id., at 3658-3659; W. Va. Const., Art. VI, § 34 (1872), in 7 id., at 4044; Wis. Const., Art. IV, § 25 (1848), in id., at 4083; Wyo. Const., Art. III, § 31 (1889), in id., at 4124; see also Ky. Const., § 164 (1890), in 3 id., at 1341 ("highest and best bidder" rule for municipal and local franchise awards); Miss. Const., Art. I, § 5 (1817, 1832), in 4 id., at 2033, 2049 ("[N]o person shall be molested for his opinions on any subject whatsoever, nor suffer any civil or political incapacity, or acquire any civil or political advantage, in consequence of such opinions, except in cases provided for in this constitution"). We are aware of no evidence of excessive or abusive litigation under such provisions. And, unlike the dissent, post, at 699-700, we do not believe that a deferentially administered requirement that the government not unreasonably terminate its commercial relationships on the basis of speech or political affiliation poses a greater threat to legitimate government interests than the complex and detailed array of modern statutory and regulatory government contracting rules.
In sum, neither the Board nor Umbehr have persuaded us that there is a "difference of constitutional magnitude," Lefkowitz, 414 U. S., at 83, between independent contractors and employees in this context. Independent government contractors are similar in most relevant respects to government employees, although both the speaker's and the government's interests are typically—though not always— somewhat less strong in the independent contractor case.
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