Elrod v. Burns
| Elrod v. Burns | |
|---|---|
| Argued April 19, 1976 Decided June 28, 1976 | |
| Full case name | Elrod, Sheriff, et al. v. Burns, et al. |
| Citations | 427 U.S. 347 (more) 96 S. Ct. 2673; 49 L. Ed. 2d 547 |
| Case history | |
| Prior | Burns v. Elrod, 509 F.2d 1133 (7th Cir. 1975); cert. granted, 423 U.S. 821 (1975). |
| Holding | |
| Firing decisions involving non-policymaking public employees may not be constitutionally based on party affiliation and support pursuant to the First Amendment of the United States Constitution. | |
| Court membership | |
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| Case opinions | |
| Plurality | Brennan, joined by White, Marshall |
| Concurrence | Stewart, joined by Blackmun |
| Dissent | Burger |
| Dissent | Powell, joined by Burger, Rehnquist |
| Stevens took no part in the consideration or decision of the case. | |
| Laws applied | |
| U.S. Const. amend. I | |
Elrod v. Burns, 427 U.S. 347 (1976), is a United States Supreme Court decision regarding political speech of public employees. The Court ruled in this case that public employees may be active members in a political party, but cannot allow patronage to be a deciding factor in work related decisions. The court upheld the decision by the 7th Circuit Court of Appeals ruling in favor of the respondent.