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Branti Vs. Finkel

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  • US Supreme Court
  • Mar 31, 1980

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  1. Elrod Vs. Burns US Supreme Court · Jun 28, 1976
  2. Ferri Vs. Ackerman US Supreme Court · Dec 04, 1979
  3. United States Vs. Ceccolini US Supreme Court · Mar 21, 1978
  4. imbler Vs. Pachtman US Supreme Court · Nov 03, 1975
  5. Storer Vs. Brown US Supreme Court · Mar 26, 1974
  6. Perry Vs. Sindermann US Supreme Court · Jun 29, 1972
  7. Speiser Vs. Randall US Supreme Court · Jun 30, 1958
  8. Shelton Vs. Tucker US Supreme Court · Dec 12, 1960
  9. United Public Workers Vs. Mitchell US Supreme Court · Feb 10, 1947
  10. Wieman Vs. Updegraff US Supreme Court · Dec 15, 1952
  11. Cafeteria Workers Vs. Mcelroy US Supreme Court · Jun 19, 1961
  12. U.S. 507 (1980) U.S. Supreme Court Branti v. Finkel
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  13. U.S. 507 (1980) Branti v. Finkel
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  14. beliefs, the District Court held that those discharges would be permissible under this Court's decision in Elrod v. Burns
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  15. first, that the holding in Elrod v. Burns
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  16. it is an acceptable requirement for an assistant public defender. Page 445 U. S. 513 I In Elrod v. Burns
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  17. in Page 445 U. S. 514 his opinion, brought the practice within the rule of cases like Board of Education v. Barnette
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  18. unconstitutional condition on the receipt of a public benefit, and therefore came within the rule of cases like Perry v. Sindermann
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  19. could not command directly.' Speiser v. Randall
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  20. teacher's one-year contract may not be predicated on his exercise of First and Fourteenth Amendment rights. Shelton v. Tucker
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  21. Keyishan v. Board
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  22. comment on the first branch of MR. JUSTICE BRENNAN's analysis, but expressly relied on the same passage from Perry v. Sindermann
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  23. that is quoted above. Petitioner argues that Elrod v. Burns
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  24. respondents in any event due to their lack of competence as public defenders. See Mt. Healthy City Board of Ed. v. Doyle
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  25. we decline to review these and other findings of fact petitioner argues were clearly erroneous. See Graver Mfg. Co. v. Linde
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  26. rehired when control of the office shifted to the Democratic Party. A similar waiver argument was rejected in Elrod v. Burns
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  27. s views and ultimately his own beliefs, and any assessment of his salary is tantamount to coerced belief. See Buckley v. Valeo
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  28. of the nature of the inducement, whether it be by the denial of public employment or, as in Board of Education v. Barnette
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  29. The Court recognized in United Public Workers v. Mitchell
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  30. This principle was reaffirmed in Wieman v. Updegraff
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  31. to establish their loyalty by extracting an oath denying past affiliation with Communists. And in Cafeteria Workers v. McElroy
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  32. the deputy of such an official could be dismissed on grounds of political party affiliation or loyalty. Cf. Newcomb v. Brennan
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  33. course, free to discharge them. MR. JUSTICE STEWART, dissenting. I joined the judgment of the Court in Elrod v. Burns
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  34. joins as to Part I, dissenting. The Court today continues the evisceration of patronage practices begun in Elrod v. Burns
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  35. Page 445 U. S. 523 In Elrod v. Burns
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  36. U. S. 409 , 424 U. S. 423 (1976), quoting Pearson v. Reed
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  37. Board of Education v. Barnette
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  38. U. S. 624 , 319 U. S. 642 (1943). The Court also relies upon the decisions in Perry v. Sindermann
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  39. U. S. 593 (1972), and Keyishian v. Board
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  40. Elrod v. Burns
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  41. further sufficiently important interests to justify tangential burdening of First Amendment rights. See Buckley v. Valeo
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  42. a constitutional reason for prohibiting them from delegating that same authority to legislators and appointed officials. v. The
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  43. use of patronage in the early days of our Republic played an important role in democratizing American politics. Elrod v. Burns
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  44. CSC v. Letter
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  45. compelling each public school student to pledge allegiance to the flag violated the First Amendment. Similarly, Wieman v. Updegraff
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  46. U. S. 183 (1952), Shelton v. Tucker
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  47. U. S. 479 (1960), and Cafeteria Workers v. McElroy
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  48. or dismiss employees pursuant to an established patronage system. The Court also relies upon United Public Workers v. Mitchell
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  49. have been a means of upward mobility for newcomers to the United States and members of minority groups. See Elrod v. Burns
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  50. U.S. Supreme Court Branti v. Finkel
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