Parties: Bd. of County Comm'rs v. Umbehr
Date: 1996-06-28
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Paragraph: 10 - Those precedents have long since rejected Justice Holmes' famous dictum, that a policeman N299* may have a constitutional right to talk politics, but he has no constitutional right to be a policeman," McAuliffe v. Mayor of New Bedford, 155 Mass. 216, 220, 29 N. E. 517 (1892). Recognizing that "constitutional violations may arise from the deterrent, or `chilling,' effect of governmental [efforts] that fall short of a direct prohibition against the exercise of First Amendment rights," Laird v. Tatum, 408 U. S. 1, 11 (1972), our modern "unconstitutional conditions" doctrine holds that the government "may not deny a benefit to a person on a basis that infringes his constitutionally protected . . . freedom of speech" even if he has no entitlement to that benefit, Perry v. Sindermann, 408 U. S. 593, 597 (1972).
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Phrase match: constitutional right to talk politics, but
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