Legal Opinion
Horn v. Kean
Court of Appeals for the Third Circuit
Decided July 16, 1986No. 84-5729PublishedCited by 56 opinions
1Opinion of the Court
ALDISERT, Chief Judge.
The ultimate question for decision is whether New Jersey motor vehicle agents, chosen for their positions by a Democratic governor through the political patronage process, are insulated by the first amendment from being replaced by the governor’s successor, a Republican. The district court held that they did not come within the protection of Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976), and Branti v. Finkel, 445 U.S. 507, 100 S.Ct. 1287, 63 L.Ed.2d 574 (1980), because they were independent contractors and not “public employees,” and granted…
2Cases cited62 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Buckley v. ValeoSupreme Court of the United States · 1976
- Elrod v. BurnsSupreme Court of the United States · 1976
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Roth v. United StatesSupreme Court of the United States · 1957
57 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Board of Comm'rs, Wabaunsee Cty. v. UmbehrSupreme Court of the United States · 1996
- Boyle v. County Of Allegheny PennsylvaniaCourt of Appeals for the Third Circuit · 1998
- Monsour Medical Center v. HecklerCourt of Appeals for the Third Circuit · 1986
- O'Hare Truck Service, Inc. v. City of NorthlakeSupreme Court of the United States · 1996
- Thomas F. Bennis, Roger J. MacLean v. Carson S. Gable, Joseph S. Daddona, City of AllentownCourt of Appeals for the Third Circuit · 1987
51 more not listed; retrieve them via the Exa API.