McAuliffe v. Mayor of New Bedford
Supreme Judicial Court of Massachusetts
29 N.E. 517 (Mass. 1892)
John McAuliffe (plaintiff), a New Bedford policeman, was removed from office by the mayor (defendant) after a hearing found he had violated police regulations barring solicitation of political money or aid and membership in a political committee. Under an 1890 statute, McAuliffe held office during good behavior and could be removed for cause after a hearing, and here the mayor found him guilty of the charged violations following such a hearing. McAuliffe sought a writ of mandamus to be restored to his position, arguing his removal violated his constitutional right to free speech.
Whether a city may require, as a condition of employment, the suspension of an employee's constitutional rights.