Facts of the Case

Umbehr was an independent trash-hauling contractor for Wabaunsee County, Kansas. He frequently criticized the County's Board of Commissioners (the Board). When the Board voted to terminate his contract, supposedly because the Board grew tired of his constant criticisms, Umbehr filed suit against two of the Board's members. Umbehr alleged that his termination resulted from his criticisms of the Board and, therefore, infringed on his First Amendment right to freedom of speech. On appeal from the District Court's grant of summary judgment to the Board, the Tenth Circuit reversed and the Supreme Court granted Umbehr's petition for certiorari.

Question

Did the Board's termination of Umbehr's contract, presumably as a result of his criticisms, constitute a violation of his First Amendment freedom of speech?

Conclusion

Yes. In an opinion by Justice Sandra Day O'Connor, the Court held that the First Amendment's guarantee of freedom of speech shielded Umbehr, as a government employee, from termination due to things he might have said about the Board. Umbehr successfully proved that his criticisms of the Board preceded his termination and were the primary motivating factor behind its retaliatory termination of his contract. The Court added that, in balancing an employee's interest in commenting on public concerns against an employer's interest in promoting efficient performance by its employees, it could not find any countervailing county interest justifying its infringement of Umbehr's freedom of speech.