714
Opinion of the Court
and Branti, supra, at 518-520. There is no basis for rejecting that reasoning in this context and drawing a line excluding independent contractors from the First Amendment safeguards of political association afforded to employees. Pp. 720-726. (c) The lower courts, upon such further proceedings as are deemed appropriate, should decide whether the case is governed by the Elrod-Branti rule or by the Pickering rule. P. 726. 47 F. 3d 883, reversed and remanded.
Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, ante, p. 686.
Harvey Grossman argued the cause for petitioners. With him on the briefs were Jane M. Whicher, Barbara P. O'Toole, Steven R. Shapiro, Michael P. McGovern, Colleen K. Con-nell, and Marc O. Beem.
Gary M. Feiereisel argued the cause for respondents. With him on the brief was Frank P. Kasbohm.*
Justice Kennedy delivered the opinion of the Court.
Government officials may not discharge public employees for refusing to support a political party or its candidates, unless political affiliation is a reasonably appropriate requirement for the job in question. Elrod v. Burns, 427 U. S. 347 (1976); Branti v. Finkel, 445 U. S. 507 (1980). We must decide whether the protections of Elrod and Branti extend to an independent contractor, who, in retaliation for refusing to comply with demands for political support, has a government contract terminated or is removed from an official list of contractors authorized to perform public services. Although the government has broad discretion in formulating its contracting policies, we hold that the protections of Elrod and
*Robert A. Hirsch filed a brief for the Towing & Recovery Association of America, Inc., as amicus curiae urging reversal.
Jeffrey D. Colman, Edward J. Lewis II, and David Jiménez-Ekman filed a brief for Illinois State Officials as amicus curiae urging affirmance.
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