knox et al service employees international union local argued january decided june california law permits employees bargaining unit decide majority vote create agency shop arrangement employees represented union even employees join union must pay annual fee chargeable expenses cost nonpolitical union services related collective bargaining abood detroit bd union bill nonmembers chargeable expenses may require fund political ideological projects teachers hudson sets requirements union must meet order collect regular fees nonmembers without violating rights june respondent union seiu sent california employees annual hudson notice setting capping monthly dues estimating total expenditures coming year chargeable expenses nonmember days object full payment dues still pay chargeable portion notice stated fee subject increase without notice month governor called special election inter alia two ballot propositions opposed seiu objection period ended seiu sent letter unit employees announcing temporary increase dues temporary elimination monthly dues cap billing move emergency temporary assessment build political fund purpose fund help achieve union political objectives special election upcoming november election union noted fund used broad range political expenses including television radio advertising direct mail voter registration voter education get vote activities work sites communities across california nonunion employees given choice whether pay fund petitioners behalf nonunion employees paid fund brought class action seiu alleging violation first amendment rights federal district granted petitioners summary judgment ruling special assessment entirely political purposes ordered seiu send new notice giving class members days object provide object full refund contributions fund ninth circuit reversed concluding hudson prescribed balancing test proper inquiry whether seiu procedures reasonably accommodated interests union employer nonmember employees held case moot although seiu offered full refund class members certiorari granted live controversy remains voluntary cessation challenged conduct ordinarily render case moot conduct resumed soon case dismissed see city mesquite aladdin castle since seiu continues defend fund legality necessarily refrain collecting similar fees future even concerns voluntary cessation inapplicable petitioners seek prospective relief still live controversy adequacy refund notice seiu sent pursuant district order pp first amendment union imposes special assessment dues increase levied meet expenses disclosed regular assessment set must provide fresh notice may exact funds nonmembers without affirmative consent pp close connection exists nation commitment rights protected first amendment see brown hartlage creates open marketplace differing ideas political economic social issues compete freely public acceptance without improper government interference new york state bd elections lopez torres government may prohibit dissemination ideas disfavors compel endorsement ideas approves see paul ability individuals associate purpose expressing commonly held views may curtailed see roberts jaycees closely related compelled speech compelled association compelled funding speech private speakers groups compulsory subsidies private speech thus subject exacting first amendment scrutiny sustained unless first comprehensive regulatory scheme involving mandated association among required pay subsidy foods second compulsory fees levied insofar necessary incident larger regulatory purpose justified required association ibid pp state establishes agency shop exacts compulsory union fees condition public employment dissenting employee forced support financially organization whose principles demands may disagree ellis railway clerks form compelled speech association imposes significant impingement first amendment rights ibid justification permitting union collect fees nonmembers prevent union efforts anomaly similarly requiring objecting nonmembers opt paying nonchargeable portion union dues rather exempting unless opt represents remarkable boon unions creating risk fees nonmembers pay used political ideological ends agree thus hudson far calling balancing rights interests made clear procedure exacting fees unwilling contributors must carefully tailored minimize infringement free speech rights cited cases holding measures burdening freedom speech association must serve compelling interest must significantly broader necessary serve interest pp justification seiu failure provide fresh hudson notice hudson rests principle nonmembers required fund union political ideological projects unless choose fair opportunity assess impact paying nonchargeable union activities seiu procedure considered met hudson requirement procedures carefully tailored minimize impingement first amendment rights seiu argues nonmembers objected special assessment given opportunity opt given chance recover funds opting next annual notice sent amount dues payable following year objecting nonmembers decrease special assessment found nonchargeable purposes decrease fully recompense nonmembers paid support special assessment given choice event even full refund undo first amendment violations since first amendment permit union extract loan unwilling nonmembers even money later paid back full pp seiu treatment nonmembers opted initial hudson notice sent also ran afoul first amendment required pay special assessment even though money slated nonchargeable electoral uses seiu claim assessment windfall chargeable expenses turned unpersuasive first seiu understanding breadth chargeable expenses expansive hard place much reliance statistics lobbying electorate seiu claims chargeable nothing another term supporting political causes candidates second even seiu statistics accurate follow proper charge objecting nonmembers particular percentage special assessment seiu argues possible accurately determine advance percentage union funds used upcoming year chargeable purposes risk unconsenting nonmembers paid much little risk borne side whose constitutional rights stake nonmembers pay much first amendment rights infringed pay little constitutional right union violated constitutional right receive payment employees pp reversed remanded alito delivered opinion roberts scalia kennedy thomas joined sotomayor filed opinion concurring judgment ginsburg joined breyer filed dissenting opinion kagan joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press dianne knox et petitioners service ployees international union local writ certiorari appeals ninth circuit june justice alito delivered opinion case decide whether first amendment allows union require objecting nonmembers pay special fee purpose financing union political ideological activities california law employees bargaining unit may decide majority vote create agency shop arrangement employees represented union selected majority cal govt code ann west employees unit required join union must nevertheless pay union annual fee cover cost union services related collective bargaining chargeable expenses see lehnert ferris faculty machinists street prior cases recognized arrangements represent impingement first amendment rights nonmembers teachers hudson see also davenport washington ed arrangements public sector raise first amendment concerns force individuals contribute money unions condition government employment street supra union shop presents first amendment questions utmost gravity thus abood detroit bd held union permitted bill nonmembers chargeable expenses may require nonmembers fund political ideological projects hudson identified procedural requirements union must meet order collect fees nonmembers without violating rights first amendment held permit union adopt procedures effect requiring objecting nonmembers lend union money used political ideological purposes germane collective bargaining interest administrative convenience however concluded union faulted calculating fee nonmembers must pay basis expenses preceding year hudson concerned union regular annual fees present case contrast concerns first amendment requirements applicable special assessment dues increase levied meet expenses disclosed amount regular assessment set june respondent service employees international union local seiu sent regular hudson notice informing employees agency fee year ahead notice set monthly dues employee gross monthly salary capped monthly dues based recently audited year seiu estimated total expenditures coming year dedicated chargeable activities thus nonunion employee objected within days payment full amount union dues objecting employee required pay total dues seiu notice also included feature present hudson notice stated agency fee subject increase time without notice time citizens state california engaged political debate regarding state budget deficits particular budget consequences growing compensation public employees backed powerful unions june governor arnold schwarzenegger called special election held november voters consider various ballot propositions aimed structural reforms two controversial issues ballot propositions proposition required unions obtain employees affirmative consent charging fees used political purposes proposition limited state spending given governor ability circumstances reduce state appropriations compensation seiu joined coalition unions vigorously opposing measures calling alliance better california group eventually raise million almost coming public employee unions including million state worker unions million california teachers association school workers unions july shortly end objection period june hudson notice seiu proposed temporary increase employee fees billed emergency temporary assessment build political fund app proposal stated money needed achieve union political objectives special november election november election according proposal money fund used broad range political expenses including television radio advertising direct mail voter registration voter education get vote activities work sites communities across california ibid proposal specifically stated fund used regular costs union office rent staff salaries routine equipment replacement etc ibid noted public worker unions process raising extraordinary funds needed defeat governor concluded us must part turn back initiatives allow governor destroy wages benefits even jobs threaten californians ibid august seiu general council voted implement proposal august seiu sent letter addressed local members fair share fee payers announcing limited period fees raised gross monthly salary cap regular dues apply letter explained union use fund defeat proposition proposition november defeat another attack pension plan june ibid letter also informed employees following year money help elect governor legislature support public employees services provide ibid receiving letter one plaintiffs case called seiu offices complain union levying special assessment political purposes without giving employees fair opportunity object seiu area manager responded even employee objected payment full agency fee nothing september increase assessment knox westly wl ed mar also stated fight lives assessment needed nothing done stop union expenditure assessment political purposes ibid consolation however employees filed timely objections regular june hudson notice required pay temporary increase petitioners filed suit behalf nonunion employees forced contribute money political fund class members filed timely objections receiving regular hudson notice june others objected argued wrong require pay temporary assessment billed intended use making political expenditures found objectionable objected receiving june hudson notice contended received new opportunity object seiu levied special assessment political fund district granted summary judgment petitioners finding union fully intended use million additional dollars anticipated raise political purposes wl even every cent assessment intended used entirely political purposes stated clear union intent depart drastically typical spending regime focus activities political ideological nature light fact held inappropriate union rely previous annual expenditures estimate new fee go toward chargeable expenses ordered seiu send new notice giving class members days object provide objected full refund contributions political fund divided panel ninth circuit reversed knox california state employees local according panel majority hudson prescribed use balancing test majority therefore inquired whether procedure seiu employed reasonably accommodated interests union employer nonmember employees judge wallace dissented arguing majority misinterpreted hudson sanctioned abridgment first amendment rights nonmembers granted certiorari ii seiu argues dismiss case moot opposing petition certiorari seiu defended decision merits certiorari granted however union sent notice offering full refund class members union promptly moved dismissal case ground mootness postcertiorari maneuvers designed insulate decision review must viewed critical eye see city news novelty waukesha cessation challenged conduct ordinarily render case moot dismissal mootness permit resumption challenged conduct soon case dismissed see city mesquite aladdin castle since union continues defend legality political fee clear union necessarily refrain collecting similar fees future union argues concerns voluntary cessation inapplicable case petitioners seek prospective relief see motion dismiss moot even union mootness argument fails still live controversy adequacy seiu refund notice case becomes moot impossible grant effectual relief whatever prevailing party erie pap quoting church scientology cal turn quoting mills green long parties concrete interest however small outcome litigation case moot ellis railway clerks district ordered seiu send proper notice giving employees adequate opportunity receive full refund wl petitioners argue notice seiu sent improper includes host conditions caveats confusions unnecessary complications aimed reducing number class members claim refund brief petitioners opposition motion dismiss particular petitioners allege union refused accept refund requests fax made refunds conditional upon provision original signature social security number dispute illustrates nature notice may affect many employees object union special assessment able get money back union entitled dictate unilaterally manner advertises availability refund reason conclude live controversy remains proceed merits iii cases often noted close connection nation commitment rights protected first amendment see brown hartlage core first amendment certain basic conceptions manner political discussion representative democracy proceed buckley valeo per curiam central purpose speech press clauses assure society robust public debate concerning matters public interest thrive society healthy representative democracy flourish cox louisiana maintenance opportunity free political discussion basic tenet constitutional democracy whitney california brandeis concurring patterson colorado ex rel attorney general harlan dissenting first amendment creates open marketplace differing ideas political economic social issues compete freely public acceptance without improper government interference new york state bd elections lopez torres see also hustler magazine falwell mills alabama government may prohibit dissemination ideas disfavors compel endorsement ideas approves see paul brandenburg ohio per curiam west virginia bd ed barnette wooley maynard riley national federation blind first amendment protects decision say say emphasis deleted ability individuals associate purpose expressing commonly held views may curtailed see roberts jaycees freedom association plainly presupposes freedom associate naacp alabama ex rel patterson closely related compelled speech compelled association compelled funding speech private speakers groups see abood foods considered constitutionality state scheme compelled funding subject speech issue promoting sale mushrooms one likely stir passions many mundane commercial nature speech highlights importance analysis holding federal mushroom promotion research consumer information act required fresh mushroom handlers pay assessments used primarily fund advertisements promoting mushroom sales large producer objected subsidizing generic ads even though applied less demanding standard used prior cases judge laws affecting commercial speech held challenged scheme violated first amendment made clear compulsory subsidies private speech subject exacting first amendment scrutiny sustained unless two criteria met first must comprehensive regulatory scheme involving mandated association among required pay subsidy situations exceedingly rare stated elsewhere mandatory associations permissible serve compelling state interes achieved means significantly less restrictive associational freedoms roberts supra second even rare case mandatory association justified compulsory fees levied insofar necessary incident larger regulatory purpose justified required association foods supra state establishes agency shop exacts compulsory union fees condition public employment dissenting employee forced support financially organization whose principles demands may disagree ellis union takes many positions collective bargaining powerful political civic consequences see tr oral arg compulsory fees constitute form compelled speech association imposes significant impingement first amendment rights ellis supra cases date tolerated impingement revisit today whether former cases given adequate recognition critical first amendment rights stake primary purpose permitting unions collect fees nonmembers said prevent nonmembers union efforts sharing employment benefits obtained union collective bargaining without sharing costs incurred davenport arguments however generally insufficient overcome first amendment objections consider following examples community association engages campaign opposes encroachments industrial development one suggests residents property owners benefit required contribute association raises money school library assessments levied parents association university professors major function bringing pressure universities observe standards tenure academic freedom professors consider outrage required join medical association lobbies regulation fees doctors share benefits share costs acceptance argument justification compelling nonmembers pay portion union dues represents something anomaly one found justified interest furthering labor peace hudson anomaly nevertheless similarly requiring objecting nonmembers opt paying nonchargeable portion union dues opposed exempting making payments unless opt represents remarkable boon unions courts presume acquiescence loss fundamental rights college savings bank florida prepaid postsecondary ed expense internal quotation marks omitted recognized cases nonmember forced fund union political ideological activities justification putting burden nonmember opt making payment default rule comport probable preferences nonmembers likely employees choose join union represents bargaining unit prefer pay full amount union dues system creates risk fees paid nonmembers used political ideological ends agree nion permitted exact service fee nonmembers without first establishing procedure avoid risk funds used even temporarily finance ideological activities unrelated collective bargaining hudson supra internal quotation marks omitted although difference schemes important prior cases given little attention distinction indeed acceptance approach appears come historical accident careful application first amendment principles trail begins dicta street considered whether federal statute authorized union impose compulsory fees political activities plaintiffs employees affirmatively objected way fees used took feature case granted held statute authorize use objecting employees fees ideological purposes stated passing dissent presumed must affirmatively made known union dissenting employee ibid making offhand remark pause consider broader constitutional implications affirmative requirement explore extent first amendment protection employees might active dissenters nonetheless prefer keep money rather subsidizing default political agenda union later cases abood hudson assumed without focused analysis dicta street authorized requirement constitutional matter thus hudson take issue union practice giving employees annual notice opportunity object expected political expenditures time however made clear procedures used union collect money nonmembers must satisfy high standard contrary view ninth circuit panel call balancing right union collect agency fee first amendment rights nonmembers noted davenport unions constitutional entitlement fees union collection fees nonmembers authorized act legislative grace wallace dissenting one termed unusual extraordinary davenport supra far calling balancing rights interests hudson made clear procedure exacting fees unwilling contributors must tailored minimize infringement free speech rights underscore meaning careful tailoring followed statement citation cases holding measures burdening freedom speech association must serve compelling interest must significantly broader necessary serve iv authorizing union collect fees nonmembers permitting use system collection fees levied cover nonchargeable expenses prior decisions approach cross limit first amendment tolerate seiu however asks us go farther asks us approve procedure special assessment billed use electoral campaigns assessed without providing new opportunity nonmembers decide whether wished contribute effort nonmembers previously opted nevertheless required pay half special assessment even though union said purpose fund mount political campaign used ordinary union expenses aggressive use power seiu collect fees nonmembers indefensible first see justification union failure provide fresh hudson notice hudson rests principle nonmembers required fund union political ideological projects unless choose fair opportunity assess impact paying nonchargeable union activities giving employees one opportunity per year make choice tolerable employees able time question make informed choice nonmember make informed choice special assessment dues increase unknown annual notice sent union levies special assessment raises dues result unexpected developments factors influencing nonmember choice may change particular nonmember may take special exception uses additional funds present case provides striking example special assessment case billed use broad electoral campaign designed defeat two important controversial ballot initiatives elect sympathetic candidates gubernatorial legislative elections undoubtedly nonmembers one reason another chose opt neglected standard hudson notice sent took strong exception seiu political objectives want subsidize efforts nonmembers might favored one ballot initiatives might wished support reelection incumbent governor might wanted delegate union authority decide candidates elections receive share money effect nonmembers particularly striking respect union campaign proposition initiative bolstered nonmember rights proposition passed nonmembers exempt paying seiu extensive political projects unless affirmatively consented thus effect seiu procedure force many nonmembers subsidize political effort designed restrict rights hudson held procedures collecting fees nonmembers must carefully tailored minimize impingement first amendment rights procedure used case possibly considered met standard dues increase adopted seiu wrote employees relevant bargaining units inform development relatively simple matter union cast letter form new hudson notice nonmembers decide whether wanted pay union electoral project seiu argues troubled failure provide new notice nonmembers objected special assessment nonetheless required pay given chance recover funds question opting next annual notice sent special assessment used entirely part nonchargeable purposes suggest percentage union annual expenditures chargeable purposes decrease therefore amount dues payable objecting nonmembers following year also decrease decrease however fully recompense nonmembers opt receiving regular notice opted permitted special assessment event even full refund undo violation first amendment rights recognized first amendment permit union extract loan unwilling nonmembers even money later paid back full see hudson supra ellis nonmembers disagreed seiu electoral objectives refund provided union objectives already achieved cold respect limits first amendment union sent new notice allowing nonmembers opt special fee rather requiring opt cases tolerated substantial impingement first amendment rights allowing unions impose requirement even burden justified collection regular dues annual basis way justify additional burden imposing yet another requirement collect special fees whenever union desires seiu treatment nonmembers opted initial hudson notice sent also ran afoul first amendment seiu required employees pay special assessment required pay regular annual dues union proclaimed special assessment used support electoral campaign used ordinary union expenses accordingly reason suppose new assessment used properly chargeable expenses contrary union taken word virtually money slated nonchargeable uses procedure accepted hudson designed use union sends regular annual dues notices procedure predicated assumption union allocation funds chargeable nonchargeable purposes likely vary greatly one year assumption reasonable however union levies special assessment raises dues result events anticipated disclosed time yearly hudson notice sent accordingly use figures based audit union operations entire previous year makes sense feasible devise new breakdown chargeable nonchargeable expenses special assessment determining breakdown problematic enough done regular annual basis auditors typically make legal determination whether particular expenditures chargeable instead auditors take union characterization granted perform simple accounting function ensur ing expenditures union claims made certain expenses actually made expenses andrews education assn cheshire thus union takes broad view chargeable example believes supporting sympathetic political candidates chargeable bases classification view auditors classify political expenditures chargeable objecting employees may contest union chargeability determinations onus employees come resources mount legal challenge timely see lehnert jibson michigan ed already significant burden employees bear simply avoid money taken subsidize speech disagree burden become insupportable unions impose new assessment time new chargeability determination challenged seiu argues objecting nonmembers required pay special assessment far subsidizing union political campaign actually received windfall according union statistics actual percentage regular dues fees spent chargeable purposes turned quite bit higher therefore even money obtained special assessment classified nonchargeable union total expenditures least chargeable see brief respondent argument unpersuasive several reasons first seiu understanding breadth chargeable expenses expansive hard place much reliance statistics brief seiu argues broadly funds spent lobbying electorate chargeable see lobbying electorate nothing another term supporting political causes candidates never held first amendment permits union compel nonmembers support political activities contrary long ago street noted important difference union authority engage collective bargaining related activities behalf nonmember employees bargaining unit union use nonmembers money support candidates public office support political causes oppos sweep seiu argument highlighted discussion use fees paid objecting nonmembers defeat proposition according seiu expenditures germane implementation contracts proposition passed effectively permitted governor abrogate union collective bargaining agreements certain circumstances undermining union ability perform representation duty negotiating effective collective bargaining agreements brief respondent internal quotation marks omitted accept broad definition germaneness effectively eviscerate limitation use compulsory fees support unions controversial political activities salaries pensions benefits constitute substantial percentage budgets many subdivisions result broad array ballot questions campaigns public office may said effect present future contracts workers employers concept germaneness broad seiu advocates employees endorse unions goals essentially unprotected compelled subsidize political ideological activities object second even seiu statistics accurate follow proper union charge objecting nonmembers particular percentage special assessment unless possible determine advance degree accuracy percentage union funds used upcoming year chargeable purposes seiu argues possible least risk end year unconsenting nonmembers paid either much little side bear risk answer obvious side whose constitutional rights stake given existence acceptable alternatives union allowed commit dissenters funds improper uses even temporarily ellis thus unconsenting nonmembers pay much first amendment rights infringed hand unconsenting nonmembers pay less proportionate share constitutional right union violated union constitutional right receive payment employees see davenport union simply lost months extraordinary benefit empowered compel nonmembers pay services may want event agreed fund noted allowing unions collect fees nonmembers permitting unions use rather schemes annual dues billed cases substantially impinged upon first amendment rights nonmembers new situation presented see justification impingement general rule individuals compelled subsidize private groups private speech prevail unions right first amendment express views political social issues without government interference see citizens federal election employees choose join union rights first amendment creates forum may seek without hindrance aid state move public opinion achieve political goals first amendment values serious risk government compel particular citizen discrete group citizens pay special subsidies speech side government favors foods therefore union imposes special assessment dues increase union must provide fresh hudson notice may exact funds nonmembers without affirmative judgment ninth circuit reversed case remanded proceedings consistent opinion ordered sotomayor concurring judgment dianne knox et petitioners service employees international union local writ certiorari appeals ninth circuit june justice sotomayor justice ginsburg joins concurring judgment union imposes special assessment intended fund solely political lobbying efforts first amendment requires union provide nonmembers opportunity opt contribution funds therefore concur judgment concur judgment however agree majority decision address unnecessarily significant constitutional issues well outside scope questions presented briefing majority breaks rules importantly disregards principles judicial restraint define proper role system separated powers political fund used service employees international union local seiu specifically political arenas california defeat perceived antiunion initiatives elect sympathetic governor legislature app see also majority explains political efforts germane union function bargaining representative accordingly chargeable objecting nonmembers see lehnert ferris faculty see also locke karass onchargeable union activities include political public relations lobbying activities union free pursue ideological goals political arena may subsidize efforts objecting nonmembers funds lest objector used instrument fostering public adherence ideological point view finds unacceptable lehnert plurality opinion quoting wooley maynard accordingly union levies special assessment dues increase fund political activities union may collect funds nonmembers earlier objected payment nonchargeable expenses may collect funds nonmembers without providing new hudson notice opportunity opt see teachers hudson seiu failed follow procedures satisfy constitutional obligations holding end case petitioners asked ii majority agrees seiu actions odds first amendment yet proceeds quite unnecessarily reach significant constitutional issues contained questions presented briefed argued petitioners question validity precedents consistently recognized system fee collection comports constitution see davenport washington ed hudson abood troit bd see also ante argue constitution requires system fee collection context special assessments dues increases indeed context surprisingly respondents address prospect rule nly questions set petition fairly included therein considered disregard rule exceptional cases reasons urgency economy suggest need address unpresented question case consideration yee escondido quoting stone powell majority claim exceptional circumstance yet reaches hold union imposes special assessment dues increase union must provide fresh hudson notice may exact funds nonmembers without affirmative consent ante emphasis added see also ante union sent new notice allowing nonmembers opt special fee rather requiring opt majority thus decides first time first amendment require system circumstances levying special assessment dues increase majority announces novel rule without analysis potential countervailing arguments without reflection reliance interests old rules engendered majority choice reach issue presented parties briefed argued disregards rules see yee ignores fundamental premise adversarial system appellate courts sit boards legal inquiry research essentially arbiters legal questions presented argued parties nasa nelson opinion alito slip quoting carducci regan cadc opinion scalia see also jefferson upton scalia joined thomas dissenting slip majority refusal abide standard rules appellate practice unfair circuit pass question especially respondent suffers loss without ever opportunity address merits question decides imperative judicial restraint zenith respect issue constitutional magnitude one doctrine deeply rooted process constitutional adjudication pass questions constitutionality unless adjudication unavoidable clinton jones internal quotation marks omitted make matters worse majority answer unasked constitutional question even clear today must union undertaking special assessment dues increase obtain affirmative consent collect funds solely collect funds nonchargeable expenses may nonmember opt contribute special assessment even assessment levied fund uncontestably chargeable activities majority new rule allow distinction nonmembers earlier objected payment nonchargeable expenses procedures govern new world fee collection moreover majority novel rule face limited special assessments dues increases majority strongly hints line may long endure majority pronounces explicit holding machinists street dissent presumed must affirmatively made known union dissenting employee nothing offhand remark made justices pause consider broader constitutional implications affirmative requirement ante reader told precedents acceptance approach appears come historical accident careful application first amendment principles ibid authorizing union collect fees nonmembers permitting use system collection fees levied cover nonchargeable expenses prior decisions approach cross limit first amendment tolerate ante emphasis added see also ante allowing unions collect fees nonmembers permitting unions use rather schemes annual dues billed cases substantially impinged upon first amendment rights nonmembers ante recognized nonmember forced fund union political ideological activities justification putting burden nonmember opt making payment default rule comport probable preferences nonmembers cast serious doubt longstanding precedent step historically take greatest caution reticence majority invitation without adversarial presentation unfair unwise deprives parties potential amici opportunity brief argue question deprives us benefit argument parties concrete interests question surely better positioned set forth see nasa opinion alito slip undesirable us decide matter importance case benefit briefing parties potential amici little notice matter might decided content task prescribed article iii answering constitutional questions majority today decides ask well breyer dissenting dianne knox et petitioners service employees international union local writ certiorari appeals ninth circuit june justice breyer justice kagan joins dissenting teachers hudson unanimously held union faulted calculating fee basis expenses preceding year precisely union done case see reason modify hudson holding applied consequently dissent abood detroit bd held nonunion public employees first amendment right prevent union spending part compulsory fees contributions political candidates express ions political views unrelated union duties exclusive bargaining representative decade later hudson considered constitutionality procedures adopted implement abood particular considered procedures adopted teachers union draw necessary line respond nonmembers objections manner drawn teachers union calculated fee charge nonmembers particular year basis expenditures union actually made prior year nonmembers objected believing fee high lodge objection union proceed arbitration receive rebate found procedure constitutionally inadequate thought rebate avoid risk dissenters funds may used temporarily improper purpose union provided nonmembers advance sufficient information gauge propriety union fee union provide objectors reasonably prompt decision impartial decisionmaker held constitution requires union collecting fee nonmembers provide adequate explanation basis fee reasonably prompt opportunity challenge amount fee impartial decisionmaker escrow amounts reasonably dispute challenges pending added recognize practical reasons bsolute precision calculation charge nonmembers required quoting railway clerks allen said union retains burden proving given expense chargeable nonmembers nonmember simply making objection known added union faulted calculating fee basis preceding year last years unions employers across nation relied upon statements hudson developing administratively workable systems allow unions pay costs fulfilling representational obligations members nonmembers alike simultaneously protecting nonmembers constitutional right support causes germane union duties agent quoting ellis railway clerks see also keller state bar explaining hudson outlined minimum set procedures union relationship meet requirement abood view depart create exception hudson framework ii administrative details fee collection process critical shall begin explaining process work union followed basic administrative system ensures fee charged objecting nonmembers matches pro rata share union chargeable expenditures achieves match period several years end independent auditors determined amount chargeable related expenditures amount nonchargeable political expenditures union actually made union used resulting proportion chargeable nonchargeable basis apportioning next year dues thus june union sent represented employees hudson notice setting forth roughly figure app provided time nonmembers object challenge figure underlying data applied resulting figure determine percentage total fee objecting nonmembers pay next ran july june end auditors examined union actual expenditures made union used newly audited figures determine chargeable percentage since political expenditures calendar year turned lower new chargeable share amounted total fee bill ibid simplifying illustrate shall describe system using audited accounts year one determine proportion fee objectors must pay year two using audited accounts year two determine proportion fee must pay year three year one chargeable share applied year two turns high year two audited accounts reflect fact payable share year three reduced accordingly system put typical objectors say year one total expenses million expenses amounted political expenses amounted union charge objecting nonmembers normal dues year two year two expenses turned lesser share total expenses say union charge objecting nonmembers total fee year three normally objecting nonmembers lose swings gain roundabouts kind basic administrative system imperfect nature union expenditures including nonchargeable political expenditures varies year year political needs differ different stages political cycles thus last year percentages often fail match year expenditures patterns possibility objecting nonmember funds temporarily help union pay nonchargeable political expenditure say year two always present though case happen see infra nonetheless kind system enjoys offsetting administrative virtue bases fees upon audited accounts thereby avoiding difficulties disagreements surround effort determine relevant proportions trying measure union expenditures occur trying make predictions nature future expenditures consequently gives workers reliable information gives workers advance notice next year payable charge gives nonmembers reasonably prompt opportunity object hudson chargeable share next year expenses year two turns lower last year year one provides offsetting compensation form lower payable share following year year three event features characteristic administrative system calculat es shares union fee basis expenses preceding year hudson stated specifically nion faulted calculating fee basis ibid party challenged constitutional validity basic administrative system see tr oral arg iii union basic administrative system violate constitution special assessment done view violate constitution shall explain basis thinking considering separately nonmembers objected initially hudson notice nonmembers initially object special assessment administered worked constitutional harm upon nonunion employees raised general objection beginning year union honored objections subtracting special payments subtracts ordinary monthly payments app know special assessment even work temporary constitutional harm audited figures showed union total nonchargeable political expenses year ended lower percentage total expenses year hence objecting nonmembers ended charged little much even special assessment thrown mix let put point specifically union june hudson notice said union charge objecting nonmembers roughly dues paid union members see app figure represented chargeable portion expenditures according audited figures thus fee charged union member pursuant notice fee charged objecting nonmember union similarly prorated special assessment charging objecting nonmembers assessment imposed upon members thus special assessment amounted member amounted objecting nonmember total dues example amounted member nonmember event union chargeable expenses including funds raised pursuant special assessment amounted total expenditures auditor reports show union total expenditures amounted chargeable expenses amounted works total budget ibid thus substantially larger portion union spending chargeable objecting nonmembers therefore paid normal fees even though chargeable share year say paid less constitution considers fair share see abood even underlying facts different find constitutional basis charging objecting nonmember less preceding year audit showed appropriate general effort send new notice apply special percentages special midyear assessment fee runs administrative difficulties explained avoided retrospective system see supra course requiring use special proportion based predicted expenditures contradict hudson determination prior year present year expenditures form basis determination proportion see hudson supra particular example us general problems camouflaged fact union said assessment used political purposes hence tempting say assessment chargeable future cases unlikely clear disputes arise union predictions say special assessment used political purposes perhaps understand wisdom hudson holding event made clear cases money fungible retail clerks schermerhorn whether particular expenditure funded regular dues special assessment bookkeeping significance rather matter real substance ibid focus announced purposes special assessment rather yearly expenditures taken whole beside point response problems particularly administrative calculation problems apparently yet earlier holdings seems say objector withhold simply special assessment made political purposes special assessment whatsoever including assessment made solely purpose paying extra chargeable costs extended contract negotiations pension plan experts newly assessed contributions replenish national union assistance funds see ante although rule comparatively simple administer reconciled previous constitutional holdings abood along every related case ever decided makes clear constitution allows union assess nonmembers pro rata share fees insofar used pay kinds expenses see see also lehnert ferris faculty machinists street ellis davenport washington ed locke karass majority hold contrary good reasons requiring departure basic administrative system reasons provides suggests basic hudson administrative system gives union freedom misclassify arguing example union adopted overly broad definition see ante proportion however rested upon audited accounts petitioners argue union misclassified parts special assessment imposed brief filed case certainly challenged accuracy figures resulting allocation indeed accounts audited special assessment center case even imposed compare app reflecting audit budget completed april reflecting approval special assessment july specifically suggests prohibits union classification money spent chargeable expense see ante california state law explicitly permits union classify lobbying expenses see cal govt code ann west nonmember fair share includes costs support lobbying activities designed foster policy goals collective negotiations contract administration see also lillebo davis cal app cal rptr construing narrowly explaining fathom union lobbying legislature improvement conditions employment members bargaining unit considered part role representative one attacked constitutionality california law brief argues question normally find state laws unconstitutional without least giving favor law opportunity argue matter complains basic administrative system requires objecting nonmember come resources mount legal challenge union allocation timely fashion ante concern misplaced union offered pay neutral arbitration disputes american arbitration association app insofar casts doubt constitutional validity basic system without benefit argument finally argues step hudson predicated assumption union allocation funds chargeable nonchargeable purposes likely vary greatly one year next ante step assumption apply midyear assessments hence step appears binding precedent namely hudson bind interpretation constitution applied assessments ibid must jump logical ship however step find hudson assumption uniform expenditures says underlies assumption appear explicitly hard believe assumption implicitly lurk within case involving union political expenditures expenditures inevitably vary political season season inevitably depend upon number kind matters currently visible political agenda app union chargeability proportion varies significantly three years hard believe members deciding abood fully aware obvious facts stronger case made allowing nonmember employees object beginning dues year object first time special assessment unlike nonmember objected initially union permit initially nonobjecting nonmember withhold anything special assessment fee nonetheless powerful reasons allow nonmember object initially annual fee object first time midyear special assessment one thing insofar new objection permits new objector withhold portion fee pay nonchargeable expenses logic concurring justices suggest administrative problems earlier discussed apply see supra say unions arbitrators courts determine basis prediction much special assessment new objector withhold concede many administrative problems overcome new objector allowed withhold fee union permitted initial objectors withhold figure based audited accounts member takes approach another thing previously pointed permit nonmembers object beginning year like object object pay none every special assessment including made raise money pay additional expenses approach may avoid uncertainty resulting disputes inherent limit withholding nonchargeable portion fee price avoiding disputes reduce financial contribution union receive even special assessment pays unexpected perfectly legitimate expenses see supra moreover provide new opportunity object requires providing explanations potential challenges development separate accounts additional administrative procedures means providing extra time extra money definition however special assessments special time may matter unlike annual dues payment union unlikely able provide delay close audited year beginning next dues year used examine accounts process objections word new opportunity object means time effort funds set aside deal new layer administrative procedure recognize allowing objections year one possible way administer system principle one might allow nonmembers pose new objections dues payments biannually quarterly even month actual expenses correspond initial union predictions constitutional purposes critical fact annual objection least one reasonably practical way permit principled objector avoid paying politics disagrees see hudson whether ordinary special assessments stake nonmember object initially likely nonmember strongly opposes union politics many unions take political spend money seeking advance positions exactly secret union represents know history spends money year nonchargeable purposes nonmember significant negative views matters likely objected advance object initially later likely include many whose objection rests upon constitutionally protected political grounds simply upon desire pay higher fee withhold fees reason entitled constitutional protection nonobjector even claim increase total fee amount special assessment took surprise initial hudson notice union said ues subject change without notice fee payers app finally union let nonmember object special assessment nonmember easy remedy simply object first time around possibility special assessment known advance possibility help union make political expenditures known advance fact union spend significant amount ordinary dues upon political matters known advance obtain protection nonmember believes might object future political expenditure object advance fees decline beginning nonmember forgets object always next year chargeable amount fee based year actual expenditures given considerations believe first amendment requires giving second objection nonmembers object first time iv also holds union imposes special assessment dues increase may exact funds nonmembers without affirmative consent ante words mandates system respect payment special assessments justice sotomayor concurring opinion explains wrong impose requirement see ante opinion concurring judgment runs directly contrary precedent party asked matter fully argued courts agree matter decision particularly unfortunate given fact reason offers support conclusion seems logic apply special assessments ordinary yearly fee charges well least opinion read fact virtually guarantees opinion play central role ongoing intense political debate debate generally whether extent circumstances union represents nonmembers collective bargaining require nonmembers help pay union constitutionally chargeable expenses enacted right work laws effect prevent unions requiring nonmembers pay costs see dept labor wage hour division state laws online http visited june available clerk case file rejected right work approach permit unions require contributions nonmembers protecting nonmembers right opt supporting union political activities cal govt code ann still others enacted compromise laws assume nonmember wish pay nonchargeable portion fee unless affirmatively indicates desire see rev code providing union use nonmember agency fee political purposes unless affirmatively authorized debate public unions rights currently intense question nonmember indicates desire pay constitutes important part debate must union assume nonmember intend pay unless affirmatively indicates desire pay opting may union assume nonmember willing pay unless nonmember indicates desire pay opting nonchargeable political expenses issue may significant number represented nonmembers feel strongly enough union politics indicate choice either way requirement reduce union revenues significantly matter considerable importance union additional protection provides primarily helps politically near neutral see generally sunstein thaler libertarian paternalism oxymoron chi rev explaining default rules play important role individuals preferences consequently held recently constitution permits state requirement see davenport never said mandates requirement good reason suddenly enter debate much less decide constitution resolves course principles stare decisis absolute right departs principles without benefit argument matter importance reasons respect dissent footnotes marinucci wildermuth schwarzenegger adds prop agenda san francisco chronicle summers book review sheldon leader freedom association study labor law political theory comparative labor specific citation follows see roberts jaycees infringements freedom association justified adopted serve compelling state interests unrelated suppression ideas achieved means significantly less restrictive associational freedoms elrod burns government means must restrictive freedom belief association kusper pontikes ven pursuing legitimate interest state may choose means unnecessarily restrict constitutionally protected liberty naacp button must touchstone first amendment context hudson dissent suggests union gave fair notice announced beginning year ues subject change without notice fee payers post opinion breyer union define scope notice obligations simply promulgating clause giving power increase fees time purpose without notice nonmembers paying full amount special assessment required subsequent year pay least much nonmembers opt received initial hudson notice justice sotomayor contends new hudson notice required special assessment imposed political purposes post opinion concurring judgment even dissent acknowledges post rule unworkable first cases recognized union money fungible even new fee spent entirely nonpolitical activities free funds spent political purposes see retail clerks schermerhorn noting particular fee earmarks bookkeeping significance rather matter real substance second unless rely unions advertise true purpose behind every special fee clear make timely determination whether new fee political nature practically impossible require parties litigate purpose every fee merely determine whether notice required seiu contends ignificant fluctuations chargeable nonchargeable proportions union spending inevitable brief respondent dissent appears agree post hudson proceeded assumption doubtful found acceptable union rely solely breakdown recent year rather computing average breakdown longer period dissent comforted fact union offered pay neutral arbitration disputes american arbitration association post painful burden initiating participating disputes easily relieved contrary justice sotomayor suggestion holding venture beyond scope questions granted review scope parties dispute second question granted review broadly asks us determine circumstances state may deduct pay nonunion employees money used union general electioneering see pet cert may state consistent first fourteenth amendments condition continued public employment payment union agency fees purposes financing political expenditures ballot measures holding may done employee affirmatively consents falls within question holding also addresses primary remaining dispute parties namely particular procedures must followed remand order provide adequate assurance members class compelled subsidize nonchargeable activities object see supra petitioners argue strenuously procedures must narrowly tailored minimize intrusion rights see brief petitioners see sensible way address dispute without confronting question whether particular context present regime suffices justice sotomayor apparently us proceed assumption regime permitted us decide sort procedures sufficient regime allowed question simply answered like asking sort procedural requirements required government set something else first amendment flatly prohibits example requiring prepublication approval newspapers also merit justice sotomayor justice breyer comments prior precedent case concerns procedures must followed union announces special assessment dues increase prior decision addressed question hudson says one word subject footnotes see pet cert questions presented brief petitioners hold union imposes increase primarily solely political purposes notices may collect increase nonmembers already objected must collect increase nonmembers ascertained wishes providing new notice increase purpose opportunity opt see also app complaint majority contends holding venture beyond scope questions granted review pointing second question presented ante majority mistaken question concerns chargeability political lobbying activities lehnert ferris faculty procedures union may collect fees see pet cert describing scope second question presented serious split confusion among circuits chargeability union political lobbying activities indeed petitioners first question presented deals procedures question petitioners ask hold seiu may collect special assessment without providing hudson notice offers opportunity object deduction fees assessment emphasis added phrase opt appears petitioners briefing majority protests hold regime required seeing regime petitioners advocate majority view unconstitutional dissatisfied scope questions presented granted certiorari case granted asked supplemental briefing question whether regime constitutionally required done rules decide question without provided parties potential amici opportunity weigh considered views