national treasury employees union argued november decided february ethics government act amended prohibit member congress federal officer government employee accepting honorarium making appearance speech writing article respondents including individual members union representing class composed executive branch employees grade receive honoraria filed suit challenging statute unconstitutional abridgment freedom speech speeches articles respondents received honoraria past concerned matters religion history dance environment exceptions neither subjects persons groups paying connection respondents official duties granting respondents motion summary judgment district held unconstitutional insofar applies executive branch employees enjoined government enforcing employee appeals affirmed emphasizing inter alia government failure many respondents identify sort nexus employee job either expression subject matter payor character undercut proffered concern actual apparent improprieties receipt honoraria held section violates first amendment pp honoraria ban imposes kind burden abridges speech first amendment government employees seek exercise right citizens comment matters public interest attempting simply speak employees upon personal matters government must able page ii satisfy balancing test type set forth pickering board ed township high school order maintain statutory restriction employees speech see civil service letter carriers however constitutes wholesale deterrent broad category expression massive number potential speakers government burden even greater pickering progeny usually involved individual disciplinary actions taken response particular government employees actual speech specifically government must show interests potential audiences vast group present future employees broad range present future expression outweighed expression necessary impact actual operation government pickering although neither prohibits speech discriminates among speakers based content viewpoint messages prohibition compensation unquestionably imposes significant burden respondents expressive activity inducing curtail expression wish continue employment moreover ban imposes far significant burden relatively small group lawmakers whose past receipt honoraria assertedly motivated enactment disincentive expression also imposes significant burden public right read hear government employees otherwise written said pp government failed show interests asserts justify served applying honoraria ban respondents public workers mitchell distinguished although asserted concern federal officers misuse appear misuse power accepting compensation unofficial nonpolitical writing speaking activities undeniably powerful government cites evidence misconduct related honoraria vast rank file federal employees grade limited evidence actual apparent impropriety members congress executives justify extension honoraria ban rank file immense class workers negligible power confer favors might pay hear speak read articles moreover operational efficiency undoubtedly vital governmental interest several features text ban pertinent regulations cast serious doubt government submission congress perceived honoraria threatening efficiency entire federal service render ban reasonable response threat first total exemption page iii payments series appearances speeches articles unrelated employee official duties status definition honorarium undermines application ban individual speeches articles nexus government employment second definition limitation honoraria payments expressive activities opposed services government employee might perform spare time requires justification far stronger mere speculation serious harms advanced government finally regulations exclusions coverage statutory terms appearance speech article wide variety performances writings normally appear nexus employee job consistent presumption federal work force consists dedicated honorable civil servants honoraria ban dubious application merely policymakers whose loss honoraria offset salary increase executive branch employees grade pp insofar judgment grants relief senior federal executives parties case reversed overinclusive however light obligation avoid judicial legislation inability correctly identify exact terms nexus requirement congress adopted limited honoraria ban refuses modify remedy crafting nexus requirement pp stevens delivered opinion kennedy souter ginsburg breyer joined filed opinion concurring judgment part dissenting part rehnquist filed dissenting opinion scalia thomas joined national treasury employees union justice stevens delivered opinion congress enacted law broadly prohibits federal employees accepting compensation making speeches writing articles prohibition applies even neither subject speech article person group paying connection employee official duties must decide whether statutory prohibition comports constitution command congress shall make law abridging freedom speech hold congress authorized appointment every four years special commission executive legislative judicial salaries whose principal function recommend appropriate levels compensation top positions three branches federal government first five quadrennial commissions recommended significant salary increases recommendations went largely ignored report quadrennial commission however instrumental leading national treasury employees union enactment ethics reform act contains provision challenged case quadrennial commission report noted inflation decreased salary levels senior government officials measured constant dollars approximately since report also found salaries inadequate many members congress supplementing official compensation accepting substantial amounts honoraria meeting interest groups desire influence votes albeit less troubling extent practice accepting honoraria also extends top officials executive judicial branches fairness public servants report commission executive legislative judicial salaries vi president commission federal ethics law reform subsequently issued report endorsed quadrennial commission views president commission recommended enacting ban receipt honoraria officials employees three branches government serve honor report president commission federal ethics law reform mar explaining breadth national treasury employees union proposal added recommending ban also recognize quadrennial commission statutory definition honoraria must broad enough close present potential loopholes receipt consulting professional similar fees payments serving boards travel sport entertainment expenses reasonably necessary appearance involved benefit substantial equivalent honorarium ibid quoting fairness public servants section ethics reform act defined officer employee include nearly employees federal government member include representative delegate resident commissioner congress congressional operations appropriations act extended salary increase prohibition honoraria senate act defined honorarium encompass compensation paid government employee appearance national treasury employees union speech article appropriations act amended definition exclude series appearances speeches articles unrelated employee official duties status definition reads follows term honorarium means payment money thing value appearance speech article including series appearances speeches articles subject matter directly related individual official duties payment made individual status government member officer employee excluding actual necessary travel expenses incurred individual one relative extent expenses paid reimbursed person amount otherwise determined shall reduced amount expenses extent expenses paid reimbursed app supp national treasury employees union attorney general may enforce prohibition honoraria civil action recover penalty larger amount honorarium employee accepted honorarium reliance opinion either oge ethics officer employing agency subject civil penalty app supp ii two unions several career civil servants employed various executive departments agencies filed suit district district columbia challenge constitutionality honoraria ban pursuant stipulation government district certified respondent national treasury employees union representative class composed executive branch employees grade app receive honoraria defined app app individual respondents save one members class national treasury employees union exception grade lawyer nuclear regulatory commission published articles russian history individual respondents alleges past received compensation writing speaking various topics full compliance earlier ethics regulations record contains number affidavits describing respondents past activities honoraria ban prohibit mail handler employed postal service arlington virginia given lectures quaker religion received small payments much enough supplement income way makes difference aerospace engineer employed goddard space flight center greenbelt maryland lectured black history fee per lecture microbiologist food drug administration earned almost per year writing articles making radio television appearances reviewing dance performances tax examiner employed internal revenue service ogden utah received comparable pay articles environment district granted respondents motion summary judgment held statute unconstitutional insofar applies executive branch employees government enjoined government enforcing statute executive branch employee supp acknowledged congress interest promoting integrity popular confidence respect federal government vital also characterized restriction speech government employees condition employment relinquished certain first amendment prerogatives nevertheless concluded national treasury employees union regulatory legislation effect suppressing freedom expression slightest degree go farther necessary accomplish objective ibid found statute overinclusive restricts much speech underinclusive prohibits honoraria forms speech others concluding legislative history congress concerned mainly appearances impropriety among members found application parties severable remainder act appeals affirmed cadc noted even though prohibits speech denial compensation places significant burden employees held government strong undisputed interest protecting integrity efficiency public service avoiding even appearance impropriety created abuse practice receiving honoraria justify substantial burden speech advance interest emphasized government failure many respondents identify sort nexus employee job either subject matter expression character payor undercut proffered concern actual apparent improprieties stressing absence evidence national treasury employees union either corruption appearance corruption among federal employees receiving honoraria connection employment appeals concluded government failed justify ban burden speech rejected government argument administrative enforcement difficulties justify broad prophylactic rule turning question remedy appeals agreed district application executive branch employees severable remainder statute legislative history convinced congress adopted honoraria ban primarily response growing concern payments members moreover statute disclosed honorarium ban national treasury employees union adopted part package key ingredient sharp increase salary members congress judges limited class senior executive branch officials citation omitted accordingly fashioned remedy effect rewrote statute eliminating words officer employee except far terms encompass members congress officers employees congress judicial officers judicial employees two dissents appeals denied petition rehearing en banc granted certiorari iii federal employees write publication spare time made significant contributions marketplace ideas include literary giants like nathaniel hawthorne herman melville employed customs service walt whitman worked departments justice interior bret harte employee mint respondents yet make comparable contributions american culture share great artists important characteristics relevant issue national treasury employees union confront even though respondents work government relinquished first amendment rights otherwise enjoy citizens comment matters public interest pickering board ed township high school seek compensation expressive activities capacity citizens government employees claim employment status bearing quality market value literary output hawthorne melville exceptions content respondents messages nothing jobs even arguably adverse impact efficiency offices work address audiences composed supervisors instead write speak segments general public neither character authors subject matter expression effect content expression official duties kind audiences address relevance employment pickering number cases recognized congress may impose restraints speech public employees plainly unconstitutional applied public large see snepp required determine validity restraint must arrive balance interests employee citizen commenting upon matters public concern interest state employer promoting efficiency public services performs employees pickering cases usually involved disciplinary actions taken response government employee speech applied pickering balancing test national treasury employees union employee spoke citizen upon matters public concern rather employee upon matters personal interest connick myers emphasis added thus private speech involves nothing complaint change employee duties may give rise discipline without imposing special burden justification government employer however speech involve matter public concern government bears burden justifying adverse employment action rankin mcpherson see also waters churchill slip respondents expressive activities case fall within protected category citizen comment matters public concern rather employee comment matters related personal status workplace speeches articles received compensation past addressed public audience made outside workplace involved content largely unrelated government employment sweep makes government burden heavy unlike pickering progeny case involve post hoc analysis one employee speech impact employee public responsibilities cf waters churchill rankin mcpherson connick myers national treasury employees union perry sindermann rather government asks us apply pickering congress wholesale deterrent broad category expression massive number potential speakers civil service letter carriers established government must able satisfy balancing test pickering form maintain statutory restriction employee speech discussion case essentially restated balancing terms approval hatch act public workers mitchell determine components pickering balance analyzed context sweeping statutory impediment speech national treasury employees union normally accord stronger presumption validity congressional judgment individual executive disciplinary action see turner broadcasting system fcc slip stevens concurring part concurring judgment widespread impact honoraria ban however gives rise far serious concerns single supervisory decision see city ladue gilleo slip addition unlike adverse action taken response actual speech ban chills potential speech happens cf near minnesota ex rel olson reasons government burden greater respect statutory restriction expression respect isolated disciplinary action government must show interests potential audiences vast group present future employees broad range present future expression outweighed expression necessary impact actual operation government pickering although neither prohibits speech discriminates among speakers based content national treasury employees union viewpoint messages prohibition compensation unquestionably imposes significant burden expressive activity see simon schuster members state crime victims see also arkansas writers project ragland minneapolis star tribune minnesota commissioner revenue publishers compensate authors compensation provides significant incentive toward expression denying respondents incentive honoraria ban induces curtail expression wish continue working government ban imposes far significant burden respondents relatively small group lawmakers whose past receipt honoraria motivated enactment absorbing responsibilities legislators policymaking executives leave little opportunity research creative expression subjects unrelated official responsibilities officials often receive invitations appear talk subjects related work official identities contrast invitations national treasury employees union employees usually depend market value messages honoraria ban unlikely reduce significantly number appearances officials long travel expense reimbursement speaker one relative available alternative form remuneration see infra contrast denial compensation nonpolicymaking employees inevitably diminish expressive output disincentive government employees expression also imposes significant burden public right read hear employees otherwise written said see virginia state bd pharmacy virginia citizens consumer council way measure true cost burden ignore risk might deprive us work future melville hawthorne honoraria ban imposes kind burden abridges speech first amendment iv vast majority speech issue case involve subject matter government employment takes place outside workplace government unable justify grounds immediate workplace disruption asserted pickering cases followed waters slip instead government submits ban comports national treasury employees union first amendment prohibited honoraria reasonably deemed congress interfere efficiency public service public workers mitchell mitchell upheld prohibition hatch act partisan political activity classified federal employees including example skilled mechanic mint named poole policymaking authority explained hundreds thousands employees positions influential upon policy determination poole evidently congress feared cumulative effect employee morale political activity employees induced participate actively civil service commn letter carriers noted enactment hatch act reflected conviction rapidly expanding government work force employed build powerful invincible perhaps corrupt political machine equally important concern serve goal employment advancement government service depend political performance time make sure government employees free pressure express tacit invitation vote certain way perform political chores order curry favor superiors rather act beliefs national treasury employees union government underlying concern federal officers misuse appear misuse power accepting compensation unofficial nonpolitical writing speaking activities interest undeniably powerful government cites evidence misconduct related honoraria vast rank file federal employees grade instead concern cumulative national treasury employees union effect widespread practice congress deemed menace integrity competency service mitchell government relies limited evidence actual apparent impropriety legislators executives together purported administrative costs avoiding detecting employees violations established policies district appeals noted government based defense ban abuses honoraria members congress congress reasonably assume payments honoraria judges officials executive branch might generate similar appearance improper influence congress however reasonably extend assumption federal employees grade immense class workers negligible power confer favors might pay hear speak read articles federal employee supervisor mechanics mint might impair efficiency morale using political criteria judge performance staff one envision scant harm appearance harm resulting employee accepting pay lecture quaker religion write dance reviews although operational efficiency undoubtedly vital governmental interest rankin several features honoraria ban text cast serious national treasury employees union doubt government submission congress perceived honoraria threatening efficiency entire federal service render ban reasonable response threat cf waters slip first rather strange parenthetical reference series appearances speeches articles amendment inserted definition term honorarium amended definition excludes series prohibited category unless subject matter directly related individual official duties payment made individual status government see supra words accepting pay series articles prohibited nexus exists author employment either subject matter expression identity payor individual article speech contrast pay taboo even neither subject matter payor bears relationship author duties congress decision provide total exemption unrelated series speeches undermines application ban individual speeches articles nexus government employment absent nexus corrupt bargain even appearance impropriety appears likely government argument general nexus limitation wholesale prophylactic rule easier enforce one requires individual nexus determinations see brief nexus limitation series however unambiguously reflects congressional judgment agency ethics officials oge enforce statute includes nexus test blanket burden speech nearly million federal employees requires much stronger justification government dubious claim administrative convenience national treasury employees union definition limitation honoraria expressive activities also undermines government submission breadth reasonably necessary protect efficiency public service commissions recommended ban stressed importance defining honoraria way close potential loopholes receipt consulting professional similar fees payments serving boards travel sport entertainment expenses reasonably necessary appearance involved benefit substantial equivalent honorarium see supra recommendations reflected considered judgment compensation appearance speech article poses greater danger compensation services government employee might perform spare time congress however chose restrict expressive activities one might reasonably argue expressive activities occupy favored position constitutional firmament exempt even comprehensive ban outside income imposing greater burden speech activities assumed pose threat efficiency federal service best anomalous fact singles expressive activity special regulation heightens government burden justification see minneapolis star noted last term reviewing federal communications commission rules cable television systems hen government defends regulation speech means redress past harms prevent anticipated harms must national treasury employees union simply posit existence disease sought cured must demonstrate recited harms real merely conjectural regulation fact alleviate harms direct material way turner broadcasting system slip case dealt direct regulation communication private entities logic applies well special burden imposes expressive rights multitude employees reaches justice brandeis reminded us reasonable burden expression requires justification far stronger mere speculation serious harms fear serious injury alone justify suppression free speech assembly men feared witches burnt women justify suppression free speech must reasonable ground fear serious evil result free speech practiced whitney california concurring opinion government persuaded us national treasury employees union reasonable response posited harms also attach significance oge regulations limit coverage statutory terms appearance speech article cfr regulations exclude wide variety performances writings normally appear nexus employee job sermons fictional writings athletic competitions see supra countermanding commissions recommendation even inclusive honoraria ban appropriate see supra exclusions course make task oge agency ethics officials somewhat easier diminish credibility government rationale paying employees speech entirely unrelated work jeopardizes efficiency entire federal service city ladue slip recognize obligation defer considered congressional judgments matters appearances impropriety record case must attach greater weight powerful realistic presumption federal work force consists dedicated honorable civil servants exclusions oge regulations consistent presumption honoraria ban dubious application merely policymakers whose loss honoraria offset salary increase executive branch employees grade well anomalies text statute regulations underscore conclusion speculative benefits honoraria ban may provide government sufficient justify crudely crafted burden respondents freedom engage expressive activities section violates first amendment national treasury employees union holding invalid carefully tailored appeals approved remedy arguably overinclusive relief granted district upheld appeals enjoined enforcement entire honoraria ban applied entire executive branch government injunction provides relief senior executives parties case also prohibits enforcement statute even obvious nexus exists employee job either subject matter expression interest person paying alternative request outright reversal government asks us modify judgment upholding statute applies first employees party action second situations nexus present three reasons agree government first suggestion relief limited parties first although occasional case requires us entertain facial challenge order vindicate party right bound unconstitutional statute see secretary state maryland joseph munson neither want need provide relief nonparties narrower remedy fully protect litigants see board trustees state university fox case granting full relief respondents national treasury employees union include executive branch employees grade require passing applicability senior executives received percent salary increase offsets honoraria ban disincentive speak write second government conceivably might advance different justification honoraria ban limited senior officials thus presenting different constitutional question one decide today policy avoiding unnecessary adjudication constitutional issues see ashwander tva brandeis concurring therefore counsels determining senior officials rights case third appeals recognized remedy required tamper text statute practice strive avoid obligation avoid judicial legislation also persuades us reject government second suggestion modify remedy crafting nexus requirement honoraria ban sure attempt redraft statute limit coverage cases involving undesirable nexus national treasury employees union speaker official duties either subject matter speaker expression identity payor correctly identify nexus congress adopted limited honoraria ban know whether congress accurately reflected sense appropriate nexus terse parenthetical statement exempted series speeches articles definition honoraria amendment see supra elaborate nearly provision later exempted department defense military school faculty students ban neither process drawing proper nexus even defense statute application senior employees likely raise independent constitutional concerns whose adjudication unnecessary decide case cf supra believe appeals properly left congress task drafting narrower statute insofar judgment appeals affirms injunction enforcement respondents affirmed insofar grants national treasury employees union relief parties reversed case remanded proceedings consistent opinion ordered footnotes general schedule abbreviated gs basic pay schedule employees federal government ed supp stat note ed supp original definition read follows term honorarium means payment money thing value appearance speech article member officer employee excluding actual necessary travel expenses incurred individual one relative extent expenses paid reimbursed person amount otherwise determined shall reduced amount expenses extent expenses paid reimbursed stat employees certified class earned step step according opm mean grade paid workers office personnel management demographic profile federal workforce app appeals acknowledged even plaintiffs receive payments might least raise eyebrow citing business editor voice america received payment business analysis tax examining assistant payment honorarium might raise concern view universality citizens subjection internal revenue service another plaintiff whose expressive activities appear come within nexus government employment treasury employees union complains national treasury employees union honoraria ban hindered publication chapters newsletters app summarized testimony senate committee governmental affairs prior regulations allowed honoraria long speaker writer held rank lower following questions answered negatively honorarium offered carrying government duties activity focuses specifically employing agency responsibilities policies programs honorarium offered government employee family member official position held employee honorarium offered government information imparted honorarium offered someone business wishes business employee official capacity government resources time used employee produce materials article speech make appearance limits may amorphous quality one purporting probe motive honorarium offeror appears actual experience difficulty one hypothesize rules thumb constrain government discretion dissent judge sentelle maintained statute constitutional also objected remedy opinion majority severance statutory provisions relating executive branch nothing less judicial legislation citation internal quotation marks omitted reluctance invalidate honoraria ban members congress better served striking statute applied plaintiff class see turner nathaniel hawthorne biography arvin herman melville allen solitary singer critical biography walt whitman merwin life bret harte rankin case directly applied pickering balance speech whose content nothing workplace employee case fired based statement workplace assassination attempt president satisfied statement threat kill president first amendment protected concluded statement involved matter public concern firing violated first amendment rankin dissent seems regard honoraria ban less onerous applications pickering speech individual employees ban unrelated message viewpoint expressed government employee post pickering cases permit government take adverse action based employee speech adverse effects interest state employer promoting efficiency public services performs employees pickering certain messages may likely others adverse effects render pickering restriction speech viewpoint based even teacher persistent advocacy favor actions school board cf employee exhortation attempt president life cf rankin mcpherson provide proper grounds adverse action government employer demonstrate expression disrupted workplace efficiency honoraria ban applied respondents burdens speech far past applications pickering ban deters enormous quantity speech uttered based speculation speech might threaten government interests two decades ago plurality invoked pickering course upholding vagueness overbreadth challenges provision act ed allowed discharge certain federal employees national treasury employees union cause promote efficiency civil service arnett kennedy plaintiff case stood accused several misdeeds including making false defamatory statements plurality characterized employee false accusation superiors accepted bribe protected first amendment thus arnett plurality merely cited pickering support general statute post hoc application single employee arguably unprotected speech september federal government employed workers grades office personnel management demographic profile federal workforce app proposition even fully accept samuel johnson cynical comment man blockhead ever wrote except money boswell life samuel johnson hutchins ed several respondents indicated ban compel discontinue previously compensated expressive activities app least one case newspaper refused continue publishing respondent work accept pay despite oge regulations provision recovery certain expenses related expressive activity see supra several respondents also reported ban prevent complicate recovering necessary expenses creating disincentive speak write app authors familiar masterworks survive honoraria ban currently administered besides exempting books oge regulations protect fiction poetry ban coverage see infra although statute language clear great artists deal fact well fiction deal see allen solitary singer discussing walt whitman speeches nonfiction newspaper writing cf arnett act purpose give myriad different federal employees performing widely national treasury employees union disparate tasks common standard job protection government cites report general accounting office gao support assertion ban necessary prevent widespread improprieties general accounting office report chairman subcomm federal services post office civil service senate comm governmental affairs employee conduct standards outside activities present issues hereinafter gao report see brief gao report found ethics officials several large agencies approved outside speaking activities gao report one third total approved activities dealt subject matter involved duties similar employees government work report conclusions recommendations dealt exclusively problems outside activities focused specifically agencies responsibilities related directly employees duties report examples instances gave rise serious concerns real apparent impropriety two cases employees chemist physicist engaged consulting activities related subject matter jobs pages contain one mention real apparent impropriety related lower level national treasury employees union employee employee engaged writing speaking conduct unrelated government job portending reliance primary discussion honoraria quadrennial commission report appeared subtopic legislative branch section fairness public servants report commission executive legislative judicial salaries government relies heavily reports quadrennial commission president commission defending see brief consistently given greater deference government predictions harm used justify restriction employee speech predictions harm used justify restrictions speech public large waters churchill slip plurality opinion however cases done generally involved isolated instances speech already happened see connick myers deferred government predictions upholding hatch act see public workers mitchell statute rationale provided much stronger justification proscriptive rule government interest workplace efficiency see supra deferring government speculation pernicious effects thousands articles speeches yet written delivered encroach unacceptably first amendment protections cf federal election national conservative political action statute restricting political contributions violated first amendment exchange political favors uncoordinated expenditures national treasury employees union remain ed hypothetical possibility nothing appeals reach ban applications employees legislative judicial branches analysis legislative history convinced congress believed ban unconstitutional executive branch still applied ban branches parties lower courts granted relief include single employee see supra rationale set forth holding necessarily apply however government request part suggested alternative outright reversal reverse appeals judgment one employee accordingly leave part judgment intact appeals said technical matter achieve intended severance simply striking words officer employee invalidate ban beyond executive branch however given far greater congressional interest banning honoraria legislative judicial branches think proper form severance strike officer employee except far terms encompass members congress officers employees congress judicial officers judicial employees see national defense authorization act fiscal year stat dissent condemns refusal rewrite statute post notes considered challenge federal statute banned expressive displays building public sidewalks around difficulty striking statute applied public sidewalks see grace drawing line building sidewalks intimately familiar based settled first amendment principles see relatively simple matter contrast drawing one lines categories speech covered overly broad statute congress sent inconsistent signals new line lines drawn involves far serious invasion legislative domain national treasury employees union justice concurring judgment part dissenting part although agree aspects honoraria ban run afoul first amendment write separately two reasons first wish emphasize understanding precedents beginning pickering board ed township high school culminating recent application waters churchill direct conclusion second write express disagreement remedy view paints broad brush pickering balance recently applied waters provides governing framework analysis manner restrictions speech government employer pickering must balance interests employee citizen commenting upon matters public concern interest government employer promoting efficiency public services performs employees contrast prior decisions case presents national treasury employees union threshold question whether speech public merely private concern respondents challenge ban applies speech bearing nexus government speech definition relate internal office affairs employee status employee cf connick myers setting employees interests case draws meaningful distinction ex ante prohibition certain kinds speech ex post punishment discrete unforeseeable disturbances see ante force observation ex ante rules contrast ex post punishments carry risks overinclusiveness underinclusiveness nevertheless reliance ex post distinction substitute application pickering many circumstances government employer likely prefer codification policies workplace rules incidentally provide notice employees ad hoc reactions standard fare many employment cases circumstances government acting well within bounds see little constitutional difference example rule prohibiting employees rude customers see waters supra slip upbraiding sanctioning employee post hoc isolated acts impudence draw line based distinction ex ante rules ex post punishments view overgeneralizes threatens undue interference government mission employer waters supra slip given breadth intrusiveness honoraria ban case however agree significant weight must placed employees side scale pickering balance recognized national treasury employees union simon schuster members state crime victims imposition financial burdens may direct effect incentives speak see also minneapolis star tribune minnesota revenue observing threat burdensome taxes operate effectively censor check critical comment although honoraria ban certainly curtail speech nearly two million members respondent class doubtless inhibits speech matters substantial public interest view impact honoraria ban upon class employees interests speaking citizens rather employees gainsaid government advances two categories interests support honoraria ban first government submits interests promoting efficiency public service avoiding appearance impropriety created abuse practice receiving honoraria credited objectives salutary significant several occasions see federal election national right work first nat bank boston bellotti buckley valeo although lend support government efforts put stop honoraria paid speech interests less force justifying ban prohibits honoraria paid speech matters wholly unrelated workplace perhaps recognizing government maintains additional interest resisting evasion rule sparing administrative resources according government apparently innocuous payments may made illicit purposes difficulty inherent distinguishing innocuous illicit mandates broad prophylactic ban national treasury employees union balancing difficult undertake unless one side scale relatively insubstantial government argues defer broadly determination benefits ban outweigh costs government relies waters plurality observed consistently given greater deference government predictions harm used justify restriction employee speech predictions harm used justify restrictions speech public large slip principle limits waters plurality went recognize magnitude intrusion employees interests rises government burden justification cf connick state burden justifying particular discharge varies depending upon nature employee expression finding wide degree deference appropriate employee speech touched peripherally matters public concern thus waters plurality noted many situations government may make substantial showing speech fact likely disruptive may punished slip case presents one situation makes persuasive case government made showing government asserted interests insufficiently weighty justify ban curbs much employee speech see ante promulgating ban congress relied reports two panels suggested prudence prohibition neither report noted problems anecdotal otherwise stemming receipt honoraria executive branch employees neither report therefore tends substantiate government administrative efficiency argument presumes national treasury employees union abuses may widespread justify prophylactic rule congress assuredly inspired worthy interest made effort establish connection interest inhibition speech respondent class cases support notion bare assertion laudable purpose justifies intrusions first amendment liberties civil service letter carriers perhaps closest analogue case upheld provisions hatch act first amendment challenge canvassing nearly century concrete experience evils political spoils system cf fcc league women voters noting hatch act evolved century governmental experience less restrictive alternatives proved inadequate maintain effective operation government also agree loopholes current ethical regime tend cast doubt upon gravity problem honoraria abuse least doubt upon weight problem perceived congress office government ethics oge cf city ladue gilleo slip thus provision detracts seriously government administrative convenience rationale statute permits author series three speeches publications single speech publication receive honorarium series nexus government employment see app supp oge regulations employees may receive honoraria poems speeches poetry see cfr employees may compensated writing chapters books writing piece published article ibid congress national treasury employees union required address every aspect problem whenever decides act patchwork nature regime might reasonably lead one question strength government asserted interests broad prophylactic ban government acts employer possesses substantial leeway appropriate circumstances may restrain speech constitution otherwise protect government prerogatives area stem mission employer plurality observed last year waters hen someone paid salary contribute agency effective operation begins say things detract agency effective operation government employer must power restrain slip case however government exceeded limits latitude bare assertion interest prophylactic ban without showing congress considered empirical anecdotal data pertaining abuses executive employees suffice outweigh substantial burden million affected employees agree unconstitutional extent bars class employees receiving honoraria expressive activities bear nexus government employment ii class us defined pay scale members propensity write articles without nexus government employment member class honoraria ban may unconstitutional applications ban may susceptible constitutional application every member class well decide question far harder case national treasury employees union respondents view whether constitutional apply honoraria ban speech class bears relationship government employment believe overlooks nuance enjoins enforcement class one whose members may future receive honoraria activities give respondents relief tailored request invalidation statute insofar applies honoraria receive speech without nexus government employment see brief respondents noting respondents central aim also achieved remedy similar one urged government holding ban invalid applied respondents writing speaking activities nexus federal employment agree assertion remedy case properly limited parties us long characterized overbreadth analysis strong medicine employed sparingly last resort broadrick oklahoma accordingly observed usual judicial practice consider generally desirable proceed overbreadth issue unnecessarily board trustees state university fox see also new york ferber focusing factual situation us similar cases necessary development constitutional rule face legal problems data relevant adequate informed judgment footnotes omitted class us though defined broadly consists people stand benefit generally invalidation statute applied respondents freely admit central objective may achieved challenge see brief respondents national treasury employees union agree little warrant venture difficult uncertain overbreadth terrain like dissent however believe imposes unduly broad remedy enjoins enforcement entire provision respondent class common sense appeal government argument deemed particular application statute unconstitutional throw hands despair delineating area unconstitutionality see brief reply brief face statute contains exception series speeches appearances articles unless subject matter directly related individual official duties payment made individual status government app supp see reason nexus principle underlying general provision serve appropriate remedial line assumes venture judicial legislation invalidate provision applies speech equally inconsistent congressional intent strike greater portion statute necessary remedy problem hand although jurisprudence area hardly model clarity several occasions declared statute invalid particular application without striking entire provision appears encompass grace example addressed constitutionality federal statute making unlawful parade stand move processions assemblages building grounds display therein flag banner device designed adapted bring public notice party organization movement finding statute extension public national treasury employees union fora inadequately justified deemed provision unconstitutional applied sidewalks surrounding grace supra tennessee garner invalidated state provision permitting police officers use necessary means effect arrest fleeing forcibly resisting defendant insofar authorized use deadly force unarmed nondangerous suspect brockett spokane arcades invalidated state obscenity statute insofar word lust taken include normal interest sex brockett declared parties challenging statute desire engage protected speech overbroad statute purports punish seek publish protected unprotected material statute may forthwith declared invalid extent reaches far otherwise left intact course also noted artial invalidation improper contrary legislative intent sense legislature passed inseverable act passed known challenged provision invalid brockett state statute contained severability clause announcing remainder act continue effect provision act application person circumstance held invalid opinions grace garner made mention existence statutory severability clauses cases perhaps best explained involved implied severability delineating range statute impermissible applications implicitly concluded legislatures issue congress grace tennessee legislature garner preferred national treasury employees union remainder statutes continue intact cases entirely consistent severability precedents held congress silence silence raise presumption severability alaska airlines brock appeals noted ection contain severability clause legislative history yields direct evidence intent concerning severability cadc alaska airlines fact means dispositive operative question instead whether congress promulgated known lawfully proscribe honoraria employees activities unrelated government employment see stern separability separability clauses harv rev dealing question severable applications asks whether legislative body intend law given effect whatever extent constitutionally possible think question answered affirmative severing particular application leave provision intact executive branch employees legislative judicial branches common sense suggests legislative history confirms government employees parties case statute principal targets see describing floor debates speakers continually referred abuses members congress impetus reform employees seems clear congress barred tax examiners receiving honoraria lectures tax policy even bar examiners receiving honoraria articles cooking balance provision serves laudable purpose capable national treasury employees union functioning independently improper application excised cf alaska airlines supra sum agree unconstitutional insofar bars respondent class executive branch employees receiving honoraria speeches appearances articles contrast hold invalid extent national treasury employees union chief justice rehnquist justice scalia justice thomas join dissenting believe opinion seriously flawed two respects first application first amendment understates weight accorded governmental justifications honoraria ban overstates amount speech actually deterred second discussion impact statute strikes carefully limited handful appealing individual situations deals remedy suddenly shifts gears strikes statute applied entire class executive branch employees grade therefore dissent aftermath recommendations two distinguished commissions congress adopted present ban receipt honoraria congress defined honorarium payment money thing value appearance speech article including series appearances speeches articles subject matter directly related individual official national treasury employees union duties payment made individual status government member officer employee excluding actual necessary travel expenses incurred individual one relative extent expenses paid reimbursed person amount otherwise determined shall reduced amount expenses extent expenses paid reimbursed app supp simon schuster members state crime victims evaluated constitutionality new york son sam convicted criminal receipt income generated works described crime concluded law implicated first amendment concerns impose financial disincentive speech particular content son sam law content based required state demonstrate regulation necessary serve compelling state interest narrowly drawn achieve end determined state failed meet burden statute overbroad unlike law issue simon schuster honoraria ban neither content viewpoint based ante cf ward rock racism renton playtime theatres result ban raise specter government control marketplace ideas cf simon schuster supra extent honoraria ban implicates first national treasury employees union amendment concerns proper standard review found cases dealing government ability regulate first amendment activities employees public employee relinquish first amendment rights comment matters public interest virtue government employment see pickering board ed township high school connick myers emphasized however state interests employer regulating speech employees differ significantly possesses connection regulation speech citizenry general ibid quoting pickering supra proper resolution competing interests requires balance interests employee citizen commenting upon matters public concern interest state employer promoting efficiency public services performs employees quoting pickering supra last term plurality explained key first amendment analysis government employment decisions government interest achieving goals effectively efficiently possible elevated relatively subordinate interest acts sovereign significant one acts employer government restrict speech public large name efficiency government employing someone purpose effectively achieving goals restrictions may well appropriate waters churchill slip national treasury employees union principles reflected cases involving governmental restrictions employees rights engage partisan political activity public workers kennedy mitchell examined hatch act prohibited officers employees executive branch federal government exceptions taking active part political management political campaigns analyzed strictures applied partisan political activities industrial employee mint concluded regulation employees necessary act regulated anything act reasonably deemed congress interfere efficiency public service despite fact barred public employees taking effective part campaigns may bring changes lives fortunes national treasury employees union happiness black dissenting held congress judgment efficiency may best obtained prohibiting active participation classified employees politics party officers workers constitutional objection years later addressed constitutionality hatch act civil service letter carriers unhesitatingly reaffirm ed mitchell holding neither first amendment provision constitution invalidate law barring kind partisan political conduct federal employees ibid applied balancing approach set forth pickering hatch act sweeping limitation partisan political activity determined balance struck congress sustainable obviously important interests sought served limitations partisan political activities contained hatch act concluded erhaps congress time ould come different view realities political life government service position dispute congress current view matter although protection employees pressure perform political chores certainly concern hatch act see ante means even important concern see letter carriers supra rather recognized major thesis hatch act national treasury employees union serve great end government impartial execution laws essential federal employees take formal positions political parties undertake play substantial roles partisan political campaigns run office partisan political tickets forbidding activities like reduce hazards fair effective government applying standards honoraria ban say balance congress struck interests interests employees receive compensation first amendment expression unreasonable cf letter carriers supra pickering supra largely ignores government foremost interest prevention impropriety appearance impropriety focusing solely burdens statute applied several carefully selected executive branch employees whose situations present application statute government interests lowest ebb mail handler employed postal service lectured quaker religion aerospace engineer lectured black history microbiologist reviewed dance performances tax examiner wrote articles environment ante undoubtedly members class means represent breadth class national treasury employees union includes employee grade app receive honoraria defined app app nothing class certification limits receipt honoraria activities engaged several employees discussed see ante artificially narrow prism class members however focus entire first amendment discussion class definition speaks anyone receive honorarium statute app unknown number individuals receive honoraria nexus speech government employment little doubt congress reasonably conclude interests preventing impropriety appearance impropriety federal work force outweigh employees interests receiving compensation expression nexus government employment cf federal election national right work committee governmental interest preventing actual corruption appearance corruption elected representatives long recognized relies cases involving restrictions speech private actors argue government required produce evidence misconduct related honoraria vast rank file federal employees grade ante ante recognizes however national treasury employees union consistently given greater deference government predictions harm used justify restriction employee speech predictions harm used justify restrictions speech public large ante quoting waters slip plurality opinion prior enactment current honoraria ban congress informed two distinguished commissions previous limitations honoraria inadequate quadrennial commission executive legislative judicial salaries recommended congress enact legislation abolishing practice accepting honoraria three branches app president commission federal ethics law reform mar hereinafter wilkey commission echoed many quadrennial commission concerns recognize speeches federal officials help inform public particular groups may encourage interchange public private sectors nevertheless see justification perpetuating current system honoraria honoraria paid officials camouflage efforts individuals entities gain officials favor companies pay honoraria related travel expenses frequently deem payments normal business expenses likely believe payments enhance access public officials receive although aware special problems associated receipt honoraria within judiciary national treasury employees union commission interest alleviating abuses legislative branch applying equitable limitations across government joins quadrennial commission recommending enactment legislation ban receipt honoraria officials employees three branches government emphasis added national treasury employees union concedes light abuses honoraria members congress reasonably assume payments honoraria judges officials executive branch might generate similar appearance improper influence ante concludes congress extend presumption federal employees grade theory underlying distinction federal employees grade negligible power confer favors might pay hear speak read articles seriously flawed tax examiners bank examiners enforcement officials number federal employees substantial power confer favors even though compensation level grade furthermore rejected distinction public workers mitchell suggestion administrative workers may barred constitutionally political management political campaigns industrial workers may barred constitutionally without act narrowly selectively drawn define punish specific conduct congress determined presence government employees whether industrial administrative ranks political party workers bad whatever differences may administrative employees government industrial workers employ national treasury employees union differences detail far constitutional power review concerned whether differences weight attach matters detail congress dismisses hatch act experience irrelevant aimed protect employees rights notably right free expression rather restrict rights ante indeed strange characterization hatch act prohibited officers employees executive branch federal government taking active part political management political campaigns mitchell supra penalty violation dismissal office since right participate political campaign surely secured abstract first amendment see buckley valeo per curiam hardly said act protected rights workers wished engage partisan political activity one purposes act assuredly free employees wish become engaged politics requests superiors contribute money time extent act protected employees undoubtedly limited first amendment rights wish take active part politics government related concern regarding difficulties attach administering analysis propriety particular honoraria also supports honoraria ban validity emphasized waters government interest achieving national treasury employees union goals effectively efficiently possible elevated relatively subordinate interest acts sovereign significant one acts employer slip congress reasonably determined prior ethics regime required determinations inadequate see app current state affairs honoraria unacceptable extreme subsequent gao report confirmed individual ethics officers various agencies gave differing interpretations nexus requirement approved activities questionable appropriateness accepting compensation gao report observes nexus limitation retained series speeches difficult enforce ante exception honoraria ban makes series appearances speeches articles far undermining statute basic purpose demonstrates congress sensitive need inhibiting little speech consistent responsibility ensuring employees perform duties impartially appearance impropriety reply brief one far less likely undertake series speeches articles without paid make single speech write single article without paid congress reasonably concluded number cases employee wished deliver series speeches much smaller number requests give individual speeches write individual articles unlike prototypical application pickering normally involves response content employee speech honoraria ban prohibits speech unrelated message viewpoint expressed national treasury employees union government employee cf waters supra slip plurality opinion analyzing termination employee based upon statements critical employer rankin mcpherson analyzing termination employee based upon comment attempted assassination president reagan pickering analyzing termination employee based upon letter critical school board furthermore honoraria ban exempts prohibition travel expenses related employee speech see app supp cfr limited burden respondents first amendment rights congress reasonably determined paramount interests preventing impropriety appearance impropriety work force justified honoraria ban see civil service letter carriers public workers mitchell special irony decision order combat corruption regain public trust essentially requires congress resurrect bureaucracy previously felt compelled replace equip resources sufficient conduct determinations regarding actual national treasury employees union apparent propriety honoraria executive branch employees grade believe proper application pickering test restriction receipt compensation compels conclusion honoraria ban consistent first amendment see letter carriers supra ii one expect conclusion discussion parts hold statute inapplicable first amendment grounds persons postal worker lectures quaker religion others similar ilk part may fairly described henry ending holds statute inapplicable entire class executive branch employees grade receive honoraria statute applied remedy apply regardless whether nexus compensation individual employment even agreed application honoraria ban expressive activity unrelated employee government employment violated first amendment agree remedy grace analyzed constitutionality ed applied public sidewalks surrounding section prohibited among things display flag banner device designed adapted bring public notice party organization movement national treasury employees union building grounds quoting concluded insufficient justification prohibition carrying signs banners devices public sidewalks surrounding building remedy held unconstitutional applied sidewalks ibid see also edenfield fane slip striking ban solicitation cpas applied business context although limits analysis applications honoraria ban nexus honoraria government employment prohibits application honoraria ban executive branch employees grade even nexus honoraria employees government employment ante even respondents acknowledge central aim litigation achieved remedy similar one urged government holding ban invalid applied respondents writing speaking activities nexus federal employment brief respondents consistent approach grace supra conclude violated first amendment affirm appeals insofar judgment affirmed injunction enforcement applied executive branch employees grade seek honoraria unrelated government employment national treasury employees union ex parte curtis upheld statute prohibited certain government employees giving receiving money political purposes government employees ibid evident purpose statute promote efficiency integrity discharge official duties maintain proper discipline public service decisive principle power congress within reasonable limits regulate far might deem necessary political conduct employees public workers mitchell analyzing ex parte curtis supra prior hatch act congress prohibited civil service employees us ing official authority influence coerce political action person body mitchell supra quoting civil service act ch stat ironically engages unsupported factfinding justify conclusion thus first amendment analysis replete observations ith exceptions content respondents messages nothing jobs even arguably adverse impact efficiency offices work ante ecause vast national treasury employees union majority speech issue case involve subject matter government employment takes place outside workplace government unable justify grounds immediate workplace disruption ante commission also considered whether appropriate impose flat ban outside earned income federal employees alternative highest paid federal employees view diverse circumstances federal employees felt ban outside earned income unnecessary harsh app discusses report general accounting office gao refute argument evidence misconduct related honoraria rank file federal employees grade ante citing general accounting office report chairman subcommittee federal services post office civil service senate committee governmental affairs employee conduct standards outside activities present issues hereinafter gao report gao audited agencies controls outside activities employees gao report reflects prior regime agencies exhibited overly permissive approval policies five national treasury employees union agencies approved outside activities speaking consulting appeared violate standard conduct prohibiting use public office private gain ibid nine eleven agencies reviewed approved outside activities situations involved potential violations regulations statutes nevertheless maintains evidence even appearance impropriety employees grade cf ante fanciful example employer terminating employee disruptive effect employee expression even employer agrees expression ante detract fact viewpoint content neutrality important factors evaluating reasonableness public employer action see civil service letter carriers restrictions far imposed federal employees aimed particular parties groups points view seek control political opinions beliefs interfere influence anyone vote polls lost shuffle remedy peter crane lawyer nuclear regulatory commission respondent ante although rationale behind holding necessarily apply crane see ante holding apparently rewritten honoraria ban longer applies executive branch employees grade certainly condemn refusal rewrite statute cf ante simply challenge failure tailor remedy match selective analysis page