Frankfurter noted in his dissent that the majority had repeatedly referred to public employment as a privilege, which to his mind invoked the "doctrine of privilege."In the 19th century, American courts had established the "doctrine of privilege." This legal doctrine concluded that public employment was a privilege, not a right, and subsequently significant restrictions could be placed on public employees that could not be constitutionally tolerated in the private sector. See: Rosenbloom and O'Leary, Public Administration and Law, 1996, p. 190-191. Invoking this doctrine, he concluded "does not meet the problem."Garner v. Board of Public Works, 341 U.S. 716, 725.
