Right-privilege/Justice Holmes approach:  The government and
the individual are treated equally as free agents, mutually competent
to determine their own best interests and we measure the terms of
their arrangement according to general principles of the common law
of contracts.  For example, in McAuliffe, Holmes wrote an opinion
concerning a cop who had been fired following some public remarks
critical of how the police dept. was run.  “The petitioner may have a
constitutional right to talk politics, but he has no constitutional
right to be a policeman.  There are few jobs for hire in which the
servant does not agree to suspect his constitutional right of free
speech, as well as of idleness, by implied terms of the contract.
The servant cannot complain, as he takes the employment on the terms
which are offered to him.”  This is yet another example of Holmes’
conservatism when it comes to the First Am.  The “right-privilege”
approach was abandoned for the next approach.