O'Hare Truck Service, Inc. v. City of Northlake, 518 U.S. 712, 5 (1996)

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716

O'HARE TRUCK SERVICE, INC. v. CITY OF NORTHLAKE

Opinion of the Court

assume, as the complaint alleges, that the removal was in retaliation for Gratzianna's stance in the campaign. Petitioners allege the retaliation caused them to lose substantial income.

O'Hare and Gratzianna sued in the United States District Court for the Northern District of Illinois, alleging infringement of First Amendment rights in violation of Rev. Stat. § 1979, 42 U. S. C. § 1983. In conformity with binding Seventh Circuit precedent, which does not extend Elrod and Branti to independent contractors, see, e. g., Downtown Auto Parks, Inc. v. Milwaukee, 938 F. 2d 705, cert. denied, 502 U. S. 1005 (1991), the District Court dismissed the complaint, 843 F. Supp. 1231 (1994). The Court of Appeals for the Seventh Circuit affirmed, adhering to the view that "it should be up to the Supreme Court to extend Elrod." 47 F. 3d 883, 885 (1995). (The Court of Appeals also affirmed dismissal of O'Hare's claim that respondents' failure to give it notice of removal from the list or provide a hearing on the matter deprived O'Hare of due process of law. That ruling is not before us.)

The Courts of Appeals take different positions concerning Elrod and Branti's applicability to independent contractors. Compare 47 F. 3d 883 (1995) (opinion below); Horn v. Kean, 796 F. 2d 668 (CA3 1986) (en banc); Sweeney v. Bond, 669 F. 2d 542 (CA8), cert. denied sub nom. Schenberg v. Bond, 459 U. S. 878 (1982), with Blackburn v. Marshall, 42 F. 3d 925 (CA5 1995); Abercrombie v. Catoosa, 896 F. 2d 1228 (CA10 1990). We granted certiorari to resolve the conflict, 516 U. S. 1020, and now reverse.

II

The Court has rejected for decades now the proposition that a public employee has no right to a government job and so cannot complain that termination violates First Amendment rights, a doctrine once captured in Justice Holmes' aphorism that although a policeman "may have a constitutional right to talk politics . . . he has no constitutional right to be

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