Entering the Political Thicket: 'Finding' First Amendment Rights in the 'Political Patronage' Cases

• In Event: Competitive Papers in Freedom of Expression: Academic Freedom, Political Liberties and the Political Process

Abstract

This paper examines the finding of First Amendment rights in three patronage reform cases, Elrod v. Burns, Branti v. Finkel, and Rutan v. Republican Party of Illinois, the Supreme Court’s construction of a First Amendment nexus to overturn two centuries of political practice, and the Court’s ill-conceived perception of the role of the two-party system in American politics revealed in the majority opinions of these cases. Following a summary of the particulars of each case, this paper argues that: (1) the reach of the First Amendment as “constructed” by the Court in these cases is not supported by applicable precedent; and (2) the Court’s opinion demonstrate a fundamental ignorance and disregard for the working principles of the American political process.

Author

• Thomas R. Flynn, Slippery Rock University