Document Type
Article
Media Type
Text
Abstract
This recent United States Supreme Court decision determined that hiring, rehiring after layoffs, promotions, and transfers based on political affiliation or support, were impermissible infringements on a public employees' first amendment rights. This note examines the conflicting cases prior to Rutan, the Rutan decision, and the implications the decision will have in the area of political patronage employment practices. The author concludes that Rutan clarifies the scope of the First Amendment protection given employees from patronage practices but fails to clarify who is to receive the protection and suggests that the traditional "confidential or policymaking" test be modified.
First Page
375
Last Page
408
Publication Date
7-1-1991
Department
College of Law
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Herman, David
(1991)
"Rutan v. Republican Party of Illinois and Patronage Employment Practices: Clarification or Confusion?,"
Northern Illinois University Law Review: Vol. 11:
Iss.
2, Article 5.
Suggested Citation
David Herman, Note, Rutan v. Republican Party of Illinois and Patronage Employment Practices: Clarification or Confusion?, 11 N. Ill. U. L. Rev. 375 (1991).
