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Board of Commissioners v. Umbehr

518 U.S. 668 (1996)

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Board of Commissioners v. Umbehr

United States Supreme Court
518 U.S. 668 (1996)

JL

Facts

Umbehr (plaintiff) entered into an exclusive contract with Wabaunsee County, Kansas (defendant), to haul trash away for six cities within the county. The contract’s term was from 1985 to 1991, with an automatic renewal at the end of each year after that. The contract permitted either party to terminate the contract by giving notice of termination prior to the renewal or initiating a renegotiation prior to the renewal. During the contract’s original term, Umbehr was an outspoken critic of the board of county commissioners. Umbehr wrote letters and editorials and spoke at meetings of the board. Umbehr also accused the board of violating the Kansas Open Meetings Act, which was later proven to be true. The board then terminated Umbehr’s contract in 1991. Umbehr sued the board, alleging a violation of the First Amendment.

Rule of Law

Issue

Holding and Reasoning (O’Connor, J.)

Dissent (Scalia, J.)

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