In the case of O'Hare Truck Service, Inc. v. City of Northlake, the U.S Supreme Court ruled in 1995 that political patronage dismissals violate First Amendment rights even when they involve independent contractors rather than public employees. The plaintiff was a towing company whose contract with the city had been terminated after it refused to support and contribute to the mayor's re-election campaign. The court held that such politically motivated terminations are unconstitutional unless there is a significant government interest at stake which outweighs any potential damage to freedom of speech or association rights protected by First Amendment. This decision extended previous rulings on unlawful political patronage practices from public employment contexts into realms involving contractual relationships between governments and private entities.

In the dissenting opinion for O'Hare Truck Service, Inc. v. City of Northlake, Justice Scalia argued that political patronage dismissals should not be considered a violation of the First Amendment rights to free speech and association unless they involve policymaking or confidential positions. He contended that extending constitutional protection against such dismissals to independent contractors would lead to an unmanageable expansion of judicial oversight over everyday political decisions and could potentially interfere with legitimate governmental functions. Furthermore, he expressed concern about the majority's reliance on "perceived harm" rather than actual injury in determining whether a constitutional violation had occurred.