branti finkel argued december decided march respondents republicans brought suit federal district enjoin petitioner democrat recently appointed public defender rockland county county legislature discharging respondents positions assistant public defenders finding respondents satisfactorily performing jobs selected termination solely republicans assistant public defender neither policymaker confidential employee district held petitioner terminate respondents employment consistent first fourteenth amendments granted injunctive relief appeals affirmed held first fourteenth amendments protect respondents discharge solely political beliefs pp prevail type action requirement dismissed government employees prove employees coerced changing either actually ostensibly political allegiance rather sufficient respondents prove discharged solely reason affiliated sponsored democratic party elrod burns pp issue whether label policymaker confidential fits particular public office question rather whether hiring authority demonstrate party affiliation appropriate requirement effective performance office manifest continued employment assistant public defender properly conditioned upon allegiance political party control county government primary responsibility assistant public defender represent individual citizens controversy state whatever policymaking occurs office must relate individual clients needs partisan political interests similarly although assistant bound obtain access confidential information arising various relationships information bearing partisan political concerns circumstances undermine rather promote effective performance assistant public defender office make tenure dependent allegiance dominant political party pp stevens delivered opinion burger brennan white marshall blackmun joined stewart filed dissenting opinion post powell filed dissenting opinion rehnquist joined part stewart joined post marc parris argued cause petitioner briefs charles apotheker david macrae wagner argued cause filed brief respondents justice stevens delivered opinion question presented whether first fourteenth amendments constitution protect assistant public defender satisfactorily performing job discharge solely political beliefs respondents aaron finkel alan tabakman commenced action district southern district new york order preserve positions assistant public defenders rockland county new york january basis showing petitioner public defender discharge solely republicans district entered temporary restraining order preserving status quo hearing evidence eight days district entered detailed findings fact permanently enjoined petitioner terminating attempting terminate respondents employment upon sole grounds political beliefs supp appeals affirmed unpublished memorandum opinion judgment order reported table critical facts summarized briefly rockland county public defender appointed county legislature term six years turn appoints nine assistants serve pleasure two respondents served assistants since respective appointments march september republicans petitioner branti predecessor republican appointed county legislature control legislature shifted democrats petitioner also democrat appointed replace incumbent term expired soon petitioner formally appointed january began executing termination notices six nine assistants office respondents among terminated one possible exception nine appointed retained democrats selected democratic legislators democratic town chairmen basis determined democratic caucus district found finkel tabakman selected termination solely republicans thus necessary democratic sponsors sole grounds attempted removal plaintiffs facts plaintiffs political beliefs differed ruling democratic majority county legislature democratic majority determined assistant public defender appointments made political bases concluded respondents discharged solely political beliefs district held discharges permissible decision elrod burns assistant public defenders type policymaking confidential employees may discharged solely basis political affiliations concluded respondents clearly fall within category although recognizing broad responsibilities respect particular cases assigned found respondents limited responsibility respect overall operation public defender office act advisors formulate plans implementation broad goals office although though made decisions context specific cases make decisions orientation operation office work district also rejected argument confidential character respondents work justified conditioning employment political grounds found occupy confidential relationship policymaking process access confidential documents influenced policymaking deliberations rather confidential information access product relationship office clients extent information shared public defender relate formulation office policy light factual findings district concluded petitioner terminate respondents employment assistant public defenders consistent first fourteenth amendments appeal panel second circuit affirmed specifically holding district findings fact adequately supported record also expressed doubt district correct concluding assistant public defender neither policymaker confidential employee granted certiorari affirm petitioner advances two principal arguments reversal first holding elrod burns limited situations government employees coerced pledging allegiance political party voluntarily support apply simple requirement employee sponsored party power second even party sponsorship unconstitutional condition continued public employment clerks deputies janitors acceptable requirement assistant public defender elrod burns held newly elected democratic sheriff cook county violated constitutional rights certain employees discharging support members democratic party failed obtain sponsorship one leaders holding supported two separate opinions writing plurality justice brennan identified two separate interrelated reasons supporting conclusion discharges prohibited first fourteenth amendments first analyzed impact political patronage system freedom belief association noting order retain jobs sheriff employees required pledge allegiance democratic party work contribute party candidates obtain democratic sponsor concluded inevitable tendency system coerce employees compromising true beliefs conclusion opinion brought practice within rule cases like board education barnette condemning use governmental power prescribe citizenry must accept orthodox opinion second apart potential impact patronage dismissals formation expression opinion justice brennan also stated practice effect imposing unconstitutional condition receipt public benefit therefore came within rule cases like perry sindermann support holding perry even employee contractual right retain job dismissed engaging constitutionally protected speech stated least made clear even though person right valuable governmental benefit even though government may deny benefit number reasons reasons upon government may rely may deny benefit person basis infringes constitutionally protected interests especially interest freedom speech government deny benefit person constitutionally protected speech associations exercise freedoms effect penalized inhibited allow government produce result command directly speiser randall interference constitutional rights impermissible thus respondent lack contractual tenure right academic year immaterial free speech claim indeed twice specifically held nontenured public school teacher contract may predicated exercise first fourteenth amendment rights shelton tucker keyishian board regents reaffirm holdings justice stewart opinion concurring judgment avoided comment first branch justice brennan analysis expressly relied passage perry sindermann quoted petitioner argues elrod burns read prohibit dismissals resulting employee failure capitulate political coercion thus argues long employee asked change political affiliation contribute work party candidates may dismissed impunity even though dismissed proper political sponsorship even though sole reason dismissing replace person sponsorship interpretation surely emasculate principles set forth elrod perhaps eliminate blatant forms coercion described elrod eliminate coercion belief necessarily flows knowledge one must sponsor dominant party order retain one job importantly petitioner interpretation require repudiate entirely conclusion justice brennan justice stewart first amendment prohibits dismissal public employee solely private political beliefs sum requirement dismissed employees prove employees coerced changing either actually ostensibly political allegiance prevail type action sufficient elrod holds respondents prove discharged solely reason affiliated sponsored democratic party ii opinions elrod recognize party affiliation may acceptable requirement types government employment thus employee private political beliefs interfere discharge public duties first amendment rights may required yield state vital interest maintaining governmental effectiveness efficiency elrod clear duties employees chief deputy process division sheriff office process server another employee office bailiff security guard juvenile cook county character justice stewart stated nonpolicymaking nonconfidential employees justice brennan noted elrod always easy determine whether position one political affiliation legitimate factor considered circumstances position may appropriately considered political even though neither confidential policymaking character one obvious example state election laws require precincts supervised two election judges different parties republican judge legitimately discharged solely changing party registration conclusion depend finding job involved participation policy decisions access confidential information rather simply rest fact party membership essential discharge employee governmental responsibilities equally clear party affiliation necessarily relevant every policymaking confidential position coach state university football team formulates policy one seriously claim republicans make better coaches democrats vice versa matter party control state government hand equally clear governor state may appropriately believe official duties various assistants help write speeches explain views press communicate legislature performed effectively unless persons share political beliefs party commitments sum ultimate inquiry whether label policymaker confidential fits particular position rather question whether hiring authority demonstrate party affiliation appropriate requirement effective performance public office involved thus framed issue manifest continued employment assistant public defender properly conditioned upon allegiance political party control county government primary responsibility assistant public defender represent individual citizens controversy state recently observed commenting duties counsel appointed represent indigent defendants federal criminal proceedings primary office performed appointed counsel parallels office privately retained counsel although true appointed counsel serves pursuant statutory authorization furtherance federal interest insuring effective representation criminal defendants duty public large except general way principal responsibility serve undivided interests client indeed indispensable element effective performance responsibilities ability act independently government oppose adversary litigation ferri ackerman accordingly entry injunction termination respondents employment purely political grounds appropriate judgment appeals affirmed footnotes pursuant rule federal rules civil procedure plenary trial consolidated hearing application preliminary injunction district explained ruling required petitioner retain respondents prior positions full privileges employees ompliance judgment entered herein require defendant permit plaintiffs work assistants pay normal assistant salary mere payment plaintiffs salary constitute full compliance judgment entered herein plaintiffs constitutional right upheld herein right dismissed public employment upon sole ground political beliefs defendant infringe right plaintiffs impunity mere expedient paying plaintiffs sum money supp district noted finkel changed party registration republican democrat apparent hope action enhance chances reappointed assistant new democratic public defender appointed concluded despite finkel formal change party registration parties regarded republican relevant times examination selection process employed arriving name nine appointees shows hiring decisions practical purposes made democratic legislators chairpersons accordance procedures decided upon democratic caucus respect every selection save sanchez procedures excluded consideration candidates affiliated party democratic party moreover evidence shows reason branti sought terminate plaintiffs assistants recommended sponsored pursuant procedures decided upon democratic caucus petitioner also makes two arguments first contends action dismissed evidence showed discharged respondents event due lack competence public defenders see mt healthy city board ed doyle appeals correctly held contention foreclosed district findings fact found adequately supported record view settled practice accepting absent exceptional circumstances factual determinations district appeals concurred decline review findings fact petitioner argues clearly erroneous see graver mfg linde ceccolini second relying testimony assistant term office automatically expires public defender term expires petitioner argues treat case involving failure reappoint rather dismissal result apply less stringent standard petitioner argues respondents knew system patronage system hired reasonable expectation rehired control office shifted democratic party similar waiver argument rejected elrod burns see also powell dissenting elrod clear lack reasonable expectation continued employment sufficient justify dismissal based solely employee private political beliefs unlike justice powell dissent post petitioner ask us reconsider holding elrod justice brennan noted many practices included within definition patronage system including placing supporters government jobs made available political discharges granting supporters lucrative government contracts giving favored wards improved public services case however practice issue dismissal public employees partisan reasons id opinion stewart light limited nature question presented occasion address petitioner argument compelling governmental interest maintaining political sponsorship system filling vacancies public defender office individual member maintains affiliation party risk losing job works election party candidates espouses policies risk financial campaign assistance induced provide another party furthers advancement party policies detriment party views ultimately beliefs assessment salary tantamount coerced belief see buckley valeo even pledge allegiance another party however ostensible serves compromise individual true beliefs since average public employee hardly financial position support party another lend time two parties individual ability act according beliefs associate others political persuasion constrained support party diminished justice brennan also indicated patronage system may affect freedom belief indirectly distorting electoral process given increasingly pervasive character government employment concluded power starve political opposition commanding partisan support financial otherwise may significant impact formation expression political beliefs regardless nature inducement whether denial public employment board education barnette influence teacher students fixed star constitutional constellation official high petty prescribe shall orthodox politics nationalism religion matters opinion force citizens confess word act faith therein recognized public workers mitchell congress may enact regulation providing republican jew negro shall appointed federal office principle reaffirmed wieman updegraff held state require employees establish loyalty extracting oath denying past affiliation communists cafeteria workers mcelroy recognized government deny employment previous membership particular party justice brennan pointed elrod political sponsorship often purchased price political contributions campaign work addition simple declaration allegiance party thus employee realization must obtain sponsor order retain job likely lead type coercion described plurality elrod apparently overt political pressure exerted respondents case potentially coercive effect requiring sponsorship demonstrated finkel change party registration futile attempt retain position see supra plurality emphasized patronage dismissals justified advanced governmental rather partisan interest standard clearly met extent employees expected perform extracurricular activities party rewarded past services party government funds collected taxpayers parties nonpolitical basis expended benefit one political party simply party control government compensation government employees like distribution public benefits must justified governmental purpose sheriff argued employees political beliefs bearing official duties required perform political loyalty necessary continued efficiency office noting tenuous link political loyalty efficiency process servers clerks concerned plurality held small gain efficiency outweigh employees first amendment rights contrast broader public responsibilities official prosecutor express opinion whether deputy official dismissed grounds political party affiliation loyalty cf newcomb brennan cert denied dismissal deputy city attorney district observed end opinion difficult formulate justification tying either selection retention assistant public defender party affiliation perhaps squarely presented action deeply disturbing nonetheless question propriety political considerations entering selection attorneys serve sensitive positions assistant public defenders rationale even suggested legitimate consider selection process politics one represent indigent defendants accused crime compelling state interest served insisting represent defendants publicly profess democrats republicans justice stewart dissenting joined judgment elrod burns view first fourteenth amendments nonpolicymaking nonconfidential government employee discharged job satisfactorily performing upon sole ground political beliefs judgment opinion control present case simple reason respondents clearly nonconfidential employees respondents present case lawyers employment positions involved assistants office rockland county public defender analogy firm lawyers private sector close one think occupational relationships instinct necessity mutual confidence trust kind professional association believe petitioner upon appointment public defender constitutionally compelled enter close professional necessarily confidential association respondents wish contrary repeated statements opinion present case involve private political beliefs public affiliation political party justice powell justice rehnquist joins justice stewart joins part dissenting today continues evisceration patronage practices begun elrod burns scarcely glance almost years american political tradition limits relevance political affiliation selection retention public employees many public positions previously filled basis membership national political parties must staffed accordance constitutionalized civil service standard affect employment practices federal state local governments governmental hiring practices long thought matter legislative executive discretion subjected judicial oversight today decision exercise judicial lawmaking chief justice wrote elrod dissent represents significant intrusion area legislative policy concerns dissent contends holding compelled first amendment reaching conclusion largely ignores substantial governmental interests served patronage patronage practice never eliminated totally civil service laws regulations flaw opinion lies application first amendment principles see parts infra also promulgation new substantially expanded standard determining governmental employees may retained dismissed basis political affiliation elrod burns three members joined plurality opinion concluding nonpolicymaking employees dismissed basis political affiliation opinion brennan white marshall joined two members joined opinion concurring judgment stating nonpolicymaking nonconfidential employees dismissed opinion stewart blackmun joined notwithstanding purported reliance upon holding elrod ante today ignores limitations inherent views rejects limited role patronage recognized plurality opinion holding policymakers may dismissed political affiliation ante refuses allow confidential employees dismissed partisan reasons ante see ante stewart dissenting broad new standard articulated follows ultimate inquiry whether label policymaker confidential fits particular position rather question whether hiring authority demonstrate party affiliation appropriate requirement effective performance public office involved ante standard articulated framed vague sweeping language certain create vast uncertainty elected appointed officials levels receive guidance civil service laws longer know political affiliation appropriate consideration filling position legislative bodies certain whether final authority make delicate decisions embodied civil service laws prudent individuals requested accept public appointment must consider whether predecessors threaten oust legal action one example national level illustrates nature magnitude problem created today holding president customarily considered political affiliation removing appointing attorneys given critical role key law enforcement officials play administration department justice democratic republican attorneys general concluded surprisingly must confidence support attorneys political affiliation used one indicator loyalty yet difficult say standard partisan concerns properly relevant performance duties attorney noted office public prosecutor one must administered courage independence imbler pachtman quoting pearson reed cal app nevertheless believe president must right consider political affiliation selects top ranking department justice officials president attorney general charged responsibility enforcing laws administering department justice vague overbroad decision may cast serious doubt propriety dismissing attorneys well thousands policymaking employees levels government membership national political party constitutional standard uncertain application impervious legislative change control selection removal key governmental personnel federal judges final arbiters federal state local governments may employ view justified removing decisions essential responsible efficient governance discretion legislative executive officials ii errs selection standard fundamentally conclusion first amendment prohibits use membership national political party criterion dismissal public employees reaching conclusion makes new law inapplicable precedents suggests decision mandated principle governmental action may prescribe shall orthodox politics nationalism religion matters opinion board education barnette also relies upon decisions perry sindermann keyishian board regents ante see elrod burns opinion brennan propriety patronage neither questioned addressed cases keyishian perry involved faculty members dismissed state educational institutions political views keyishian reviewed state statute permitted dismissals faculty members state institutions treasonable seditious utterances acts noted academic freedom special concern first amendment tolerate laws cast pall orthodoxy classroom ambiguity statutory language held law unconstitutionally vague also held membership communist party automatically disqualify person holding faculty position state university perry held board regents state university system discharge professor retaliation exercise free speech neither case state suggest governmental positions traditionally regarded patronage positions thus correctly held substantial state interest justified infringement free speech case presents question quite different keyishian perry constitutionality appointing dismissing public employees basis political affiliation depends upon governmental interests served patronage constitutional violation exists patronage practices sufficiently important interests justify tangential burdening first amendment rights see buckley valeo inquiry resolved reference first amendment cases patronage neither involved discussed question case answered principled manner without identifying weighing governmental interest served patronage iii patronage appointments help build stable political parties offering rewards persons assume tasks necessary continued functioning political organizations parties concerned power naturally operate placing members supporters positions power thus nothing derogatory saying primary function parties patronage jupp political parties benefits patronage political organization derive merely filling policymaking positions basis political affiliation many jobs filled patronage local level may involve policymaking functions use patronage fill positions builds party loyalty avoids splintered parties unrestrained factionalism might significant damage fabric government storer brown today believed importance political parties political parties dependent many ways upon patronage serve variety substantial governmental interests party organization allows political candidates muster donations time money necessary capture attention electorate particularly time growing reliance upon expensive television advertisements candidate neither independently wealthy capable attracting substantial contributions must rely upon party workers bring message voters contests less visible offices candidate may efficient method appealing voters unless enlists efforts persons seek reward patronage system insofar decision today limits ability candidates present views electorate democratic process surely weakened strong political parties also aid effective governance election campaigns end elected officials depend upon appointees hold similar views carry policies administer programs patronage right select key personnel reward party faithful serves public interest facilitating implementation policies endorsed electorate opinion casts shadow element system appears recognize implementation policy legitimate goal patronage system policymaking employees may replaced basis political affiliation ante recognize implementation policy often depends upon cooperation public employees hold policymaking posts one commentator written forgets government work policy implementation important policymaking matter wise chief right indians transform ideas action get job done growth civil service system already limited ability elected politicians effect political change public employees immune public pressure resist changes policy without suffering either loss jobs cut salary effects proper follow legislative executive decisions withhold jobs patronage system tips balance patronage nonpatronage positions view imposes unnecessary constraints upon ability responsible officials govern effectively carry new policies although executive legislative branches government independent matter constitutional law effective government impossible unless two branches cooperate make enforce laws decades national history political parties furthered assured measure cooperation executive legislative branches strong party allows elected executive implement programs policies working legislators political organization legislators owe little party tend act independently leadership result dispersion political influence may inhibit political party enacting programs law failure sustain party discipline least national level traced inability successful political parties offer patronage positions members supporters elected officials breakdown party discipline handicaps elected officials also limits ability electorate choose wisely among candidates voters little information individuals seeking office traditionally relied upon party affiliation guide choosing among candidates decline party stability voters less able blame credit party performance elected officials national party system predicated upon assumption political parties sponsor responsible performance persons nominate office sum effect decision decrease accountability denigrate role national political parties decision comes time increasing number observers question whether national political parties continue operate effectively political parties supply essential coherence flexibility american political scene serve coalitions different interests combine seek national goals decline party strength inevitably enhance influence special interest groups whose concern often political candidate votes single issue quality political debate indeed capacity government function national interest suffer candidates officeholders forced responsive narrow concerns unrepresentative special interest groups overarching issues domestic foreign policy ignores substantial governmental interests served reasonable patronage view decision seriously hamper functioning stable political parties iv facts case also demonstrate decision well may impair right local voters structure government consideration form local government rockland county demonstrates antidemocratic effect decision voters county elect legislative body among responsibilities voters give legislature selection county public defender county voters elected republican majority legislature republican selected public defender public defender retained one respondent appointed assistant public defenders surprisingly respondents republicans voters elected majority democrats legislature democratic majority turn selected democratic public defender replaced respondents assistant public defenders approved democratic legislators ante voters rockland county free elect public defender assistant public defenders instead delegating selection elected appointed officials certainly holding today preclude voters ultimate hiring authority choosing public defenders assistants party membership voters choice public officials basis political affiliation yet viewed inhibition speech democracy may incumbent contend seriously voters decision political views impermissible infringement upon right free speech affiliation words operation democratic government depends upon selection elected officials precisely basis rejected today although voters rockland county elected public defender assistants given legislators representative proxy appoint public defender delegated public defender power choose assistants presumably voters adopted course order facilitate effective representative government course voters instituted civil service system preclude selection either public defender assistants basis political affiliation continuation present system reflects electorate decision select certain public employees basis political affiliation decision today thus limits ability voters county structure democratic government way please voters must elect public defender assistants fill governmental positions partisan basis voters certainly may elect governmental officials basis party ties difficult perceive constitutional reason prohibiting delegating authority legislators appointed officials benefits political patronage freedom voters structure representative government substantial governmental interests justify selection assistant public defenders rockland county basis political affiliation decision place certain governmental positions within civil service system sensitive political judgment left voters elected representatives people constitutional holding today displaces political responsibility judicial fiat view first amendment incorporate national civil service system reverse judgment appeals thomas jefferson became first chief executive succeed president opposing party made substantial use appointment removal powers andrew jackson next president follow antagonistic administration used patronage extensively took office use patronage early days republic played important role democratizing american politics elrod burns powell dissenting president lincoln patronage practices reliance upon newly formed republican party enabled build support national policies civil war see mckitrick party politics union confederate war efforts american party system chambers burnham eds subsequent patronage reform efforts concerned primarily corruption inefficiency patronage thought induce civil service power patronage practices thought give professional politicians relied elrod burns powell dissenting result efforts federal state civil service employment placed nonpatronage basis ibid significant segment public employment remained however free civil service constraints purports limit issue case dismissal public employees see ante yet also difficult formulate justification tying either selection retention assistant public defender party affiliation ante latter statement holding least suggests perceives constitutional distinction selection dismissal public employees rationale conclusion election judges may partisan appointments readily apparent state election laws require precincts supervised two election judges different parties republican judge legitimately discharged solely changing party registration ante mere presence state law mandating political affiliation requirement public employment sufficient legislature rockland county reverse result case merely passing law mandating political affiliation considered public defender chooses assistants moreover apparent state demonstrate standard approved today political partisan qualified impartial election judge see lemann case political patronage washington monthly notes prosecutors hold broader public responsibilities public defenders ante suggest however breadth responsibility correlates appropriateness political affiliation requirement public employment indeed contention appear inconsistent assertion ultimate inquiry whether label policymaker fits particular position ante suggest constitution requires patronage system civil service systems designed eliminate corruption inefficiency protect political beliefs public employees indeed merit selection systems often impose restrictions political activities public employees rosenbloom federal service constitution development public employment relationship see csc letter carriers course civil service systems important governmental goals including continuity operation government strength system blend civil service patronage appointments subject always oversight change legislative branches government elrod dissent suggested public employees lose positions obtained participation patronage system suffered loss first amendment rights employees assumed risks system benefited penalized practical operation bases holding first amendment accordingly consider constitutional issue board education barnette involve public employment case declared state statute compelling public school student pledge allegiance flag violated first amendment similarly wieman updegraff shelton tucker cafeteria workers mcelroy concern governmental attempts hire dismiss employees pursuant established patronage system also relies upon public workers mitchell ante case upheld limitations political conduct public employees far exceed burden first amendment rights demonstrated case see costikyan behind closed doors politics public interest television radio enable candidates go directly homes voters far effectively even political machine see broder party failure politics america patronage also attracts persons willing perform jobs enable voters gain easy access electoral process localities parties saw polls open voting machines worked costikyan cities work saturday review apr pp time percentage americans vote declining steadily see statistical abstract citizen distributes party literature helps register voters transports voters polls election day performs valuable public service addition political parties raise funds recruit potential candidates train party workers provide assistance voters act liaison voters governmental bureaucracies assistance constituents common form patronage local level political clubhouses traditionally helped procure municipal services constituents often little access public officials tolchin tolchin victor political patronage clubhouse white house party organizations means upward mobility newcomers members minority groups see elrod burns powell dissenting lubell future american politics reasoning elrod plurality clearly permitted vestiges patronage continue order ensure representative government undercut tactics obstructing implementation policies new administration view new holding policymaking positions may filled basis political affiliation ante elected officials may find changes public policy thwarted policymaking employees protected replacement constitution official hostile subordinate difficult position order replace subordinate must prepared prove subordinate private political beliefs interfere discharge public duties ante peters kind word spoils system washington monthly tolchin tolchin supra see costikyan supra herbers party political parties new york times magazine pp see costikyan supra local elections candidate party affiliation may salient information communicated voters one study indicated affiliation remains predominant influence voter choice elections contests positions state legislature see murray vedlitz party voting electoral contests soc sci see burnham election crisis adjourned american politics public policy burnham weinberg eds broder supra herbers supra pomper decline party american elections pol sci see also supra florida example local public defender elected see fla art stat description policymaking functions public defender office suggests public defender may longer chosen county legislature partisan basis ante