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BOARD OF COMM'RS, WABAUNSEE CTY. v. UMBEHR

No. 94-1654.

518 U.S. 668 (1996)

BOARD OF COUNTY COMMISSIONERS, WABAUNSEE COUNTY, KANSAS v. UMBEHR

United States Supreme Court.

Decided June 28, 1996.

Attorney(s) appearing for the Case

Donald Patterson argued the cause for petitioner. With him on the briefs was Steve R. Fabert.

Robert A. Van Kirk argued the cause for respondent. With him on the brief was Richard H. Seaton.

Beth S. Brinkmann argued the cause for the United States as amicus curiae urging affirmance. On the brief were Solicitor General Days, Assistant Attorney General Hunger, Deputy Solicitor General Bender, Cornelia T. L. Pillard, William Kanter, and Robert D. Kamenshine.*

O'Connor, J., delivered the opinion of the Court with respect to Parts I, II—A, II—B-2, and III, in which Rehnquist, C. J., and Stevens, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined, and the opinion of the Court with respect to Part II—B-1, in which Stevens, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, p. 686.

Justice O'Connor delivered the opinion of the Court.†

This case requires us to decide whether, and to what extent, the First Amendment protects independent contractors from the termination of at-will government contracts in retaliation for their exercise of the freedom of speech.

I

Under state law, Wabaunsee County, Kansas (County), is obliged to provide for the disposal of solid waste generated

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