davenport et al washington education association argued january decided june national labor relations act permits regulate labor relationships public employees many authorize unions negotiate agreements entitle union levy fees employees union members union represents collective bargaining however first amendment prohibits unions using objecting nonmembers fees ideological purposes germane union duties abood detroit bd unions must therefore observe various procedural requirements ensure objecting nonmember keep fees used purposes teachers hudson washington state allows unions charge nonmembers agency fee equivalent membership dues employer collect fee payroll deductions initiative approved state voters hereinafter requires union obtain nonmembers affirmative authorization using fees purposes respondent union sent hudson packet nonmembers twice year detailing right object use fees nonchargeable expenditures respondent held disputed fees escrow hudson process complete separate lawsuits petitioners alleged respondent failed obtain affirmative authorization required spending nonmembers agency fees electoral purposes trial found violation awarded state monetary injunctive relief another judge held provided private right action certified class nonmembers stayed proceedings pending interlocutory appeal state held although nonmember failure object receiving hudson packet satisfy requirement requirement violated first amendment held violate first amendment state require unions receive affirmative authorization nonmember spending nonmember agency fees purposes pp undeniably unusual government agency give private entity power tax government employees notion modest limitation upon extraordinary benefit violates first amendment counterintuitive undisputed washington restricted agency fees portion union dues devoted collective bargaining even eliminated entirely washington far less restrictive limitation respondent authorization exact money government employees greater constitutional concern state extended cases well beyond proper ambit concluding cases balanced constitutional rights unions nonmembers required nonmember shoulder burden objecting union barred spending fees purposes impermissible abood cases balance constitutional rights manner unions constitutional entitlement fees never suggested first amendment implicated whenever governments limit union entitlement agency fees beyond abood hudson require constitutional floor unions collection spending agency fees also constitutional ceiling restrictions hudson admonition presumed means improper enjoin expenditures nonmembers agency fees narrower remedy satisfy statutory constitutional limitations pp contrary respondent argument unconstitutional cases first amendment purposes immaterial restricts union use funds within union possession fees union possession washington government agencies compelled employees pay fees cases deal instead governmental restrictions regulated entity may spend money come possession without coercion pp speech regulations presumptively invalid see paul strict scrutiny unwarranted risk government may drive ideas viewpoints marketplace attenuated government acts capacity regulator thus government make distinctions subsidizing speech see regan taxation representation exclude speakers based reasonable grounds permitting speech government property nonpublic forum see cornelius naacp legal defense ed fund principle underlying cases applicable washington voters impermissibly distort marketplace ideas placed reasonable limitation state authorization seeking protect integrity election process restriction thus limited harm sought remedy first amendment compel limit unions extraordinary entitlement nonmembers agency fees broadly necessary vindicate concern pp section constitutional applied unions need cases consider application unions pp vacated remanded scalia delivered opinion parts second paragraph unanimous remainder joined stevens kennedy souter thomas ginsburg jj breyer filed opinion concurring part concurring judgment roberts alito joined gary davenport et petitioners washington education association washington petitioner washington education association writs certiorari washington june justice scalia delivered opinion state washington prohibits labor unions using fees nonmember purposes unless nonmember affirmatively consents decide whether restriction applied labor unions violates first amendment national labor relations act leaves free regulate labor relationships public employees see stat amended labor laws many authorize union government employer enter commonly known agreement arrangement entitles union levy fee employees union members nevertheless represented union collective bargaining see lehnert ferris faculty primary purpose arrangements prevent nonmembers union efforts sharing employment benefits obtained union collective bargaining without sharing costs incurred see machinists street however arrangements public sector raise first amendment concerns force individuals contribute money unions condition government employment thus abood detroit bd held unions constitutionally prohibited using fees objecting nonmembers ideological purposes germane union duties teachers hudson set forth various procedural requirements unions collecting agency fees must observe order ensure objecting nonmember prevent use fees impermissible purposes neither hudson cases however held first amendment mandates union obtain affirmative consent spending nonmember agency fees purposes chargeable abood state washington authorized unions negotiate agreements agreements effect washington law allows union charge nonmembers agency fee equivalent full membership dues union fee collected employer payroll deductions see rev code however hereinafter provision fair campaign practices act state initiative approved voters washington restricts union ability spend agency fees collects section stood decision review rendered provided labor organization may use agency shop fees paid individual member organization make contributions expenditures influence election operate political committee unless affirmatively authorized individual respondent exclusive bargaining agent approximately public educational employees collected agency fees nonmembers represented collective bargaining consistent responsibilities abood hudson assume purposes cases respondent sent hudson packet nonmembers twice year notifying right object paying fees nonchargeable expenditures giving three options pay full agency fees objecting within days object paying nonchargeable expenses receive rebate calculated respondent object paying nonchargeable expenses receive rebate determined arbitrator respondent held escrow agency fees reasonably dispute hudson process complete respondent found washington state courts defending two separate lawsuits expenditures nonmembers agency fees first lawsuit brought state washington petitioner second brought putative class action several nonmembers union petitioners suits claimed respondent use agency fees violation petitioners alleged respondent failed obtain affirmative authorization nonmembers using agency fees purposes specified trial merits trial found respondent violated awarded state monetary injunctive relief different trial judge held provided private right action certified class stayed proceedings pending interlocutory appeal intermediate appellate proceedings divided washington held although nonmember failure object receiving respondent hudson packet satisfy requirement matter state law statute imposition requirement violated first amendment federal constitution see state ex rel washington state public disclosure washington ed en banc reasoned jurisprudence established balance first amendment rights unions nonmembers triggered heightened first amendment scrutiny deviated balance imposing respondent burden confirming nonmember object expenditure agency fees electoral purposes also held interfered respondent expressive associational rights boy scouts america dale granted certiorari ii arrangement authorizes union levy fees government employees wish join union regardless one views desirability agreements see abood undeniably unusual government agency give private entity power essence tax government employees applied agreements unions like respondent simply condition union exercise extraordinary power prohibiting expenditure nonmember agency fees purposes unless nonmember affirmatively consents notion modest limitation upon extraordinary benefit violates first amendment say least counterintuitive respondent concedes washington gone much restricting agency fees portion union dues devoted collective bargaining see brief respondent indeed uncontested constitutional washington eliminate agency fees entirely see citing lincoln fed union northwestern iron metal reasons follow conclude far less restrictive limitation voters washington placed respondent authorization exact money government employees greater constitutional concern principal reason washington concluded unconstitutional believed cases balanced constitutional rights unions nonmembers dictated nonmember must shoulder burden objecting union barred spending fees purposes impermissible abood see reached conclusion primarily cases repeatedly invoked following proposition issent presumed must affirmatively made known union dissenting employee hudson quoting street see also abood supra concluded triggered heightened first amendment scrutiny deviated perceived constitutional balance requiring unions obtain affirmative consent interpretation cases extends well beyond proper ambit cases balancing constitutional rights manner respondent suggests simple reason unions constitutional entitlement fees see lincoln fed union supra never suggested first amendment implicated whenever governments place limitations union entitlement agency fees beyond abood hudson require contrary described hudson outlin ing minimum set procedures union relationship meet requirement abood keller state bar emphasis added mere fact washington required hudson minimum trigger first amendment scrutiny constitutional floor unions collection spending agency fees also constitutional ceiling restrictions washington read far much admonition dissent presumed meant improper enjoin expenditure agency fees employees including objected statutory constitutional limitations established cases satisfied narrower remedy see street supra discussing possible judicial remedies violation federal statute forbade unions spending objecting employees fees political purposes abood supra discussing possible judicial remedies state statute unconstitutionally authorized union spend objecting nonmembers agency fees ideological purposes germane collective bargaining hudson supra setting forth procedures necessary prevent arrangements violating abood dissenting justices correctly recognized repeated affirmation courts obligation interfere union statutory entitlement necessary vindicate rights nonmembers imply legislatures voters limit scope entitlement respondent defends judgment ground quite different mistaken rationale adopted washington argument begins premise limitation union may spend money citing proposition washington description encumbering funds lawfully within union possession brief respondent relying premise respondent invokes first nat bank boston bellotti austin michigan chamber commerce related cases argues rigorous first amendment scrutiny required cases unconstitutional applies ballot propositions limit equivalent expenditures corporations washington description notwithstanding cases point purposes first amendment entirely immaterial restricts union use funds funds already within union lawful possession washington law matters agency fees union possession washington government agencies compelled employees pay fees cases upon respondent relies deal governmental restrictions regulated entity may spend money come possession without assistance governmental coercion employees see bellotti supra austin supra applied unions fairly described restriction union spend money condition placed upon union extraordinary state entitlement acquire spend people question must asked therefore whether constitutional condition authorization unions enjoy charge government employees agency fees respondent essentially answers statute unconstitutionally draws distinctions based content union speech requiring affirmative consent expenditures permitting expenditures rest purposes chargeable abood unless nonmember objects contention amounts unconstitutional discrimination mark true enough regulations speech presumptively invalid see paul citing cases recognized however rationale general prohibition content discrimination specter government may effectively drive certain ideas viewpoints marketplace quoting simon schuster members state crime victims identified numerous situations risk inconsequential strict scrutiny unwarranted example speech obscene defamatory constitutionally proscribed social interest order morality outweighs negligible contribution categories speech marketplace ideas see similarly content discrimination among various instances class proscribable speech pose threat marketplace ideas selected subclass chosen reason entire class proscribed see confirming governments may choose ban prurient obscenity particular relevance cases recognize risk distinctions impermissibly interfere marketplace ideas sometimes attenuated government acting capacity regulator accordingly well established government make distinctions subsidizes speech see regan taxation representation also law government permits speech government property nonpublic forum exclude speakers basis subject matter long distinctions drawn viewpoint neutral reasonable light purpose served forum see cornelius naacp legal defense ed fund principle underlying treatment situations equally applicable narrow circumstances cases believe voters washington impermissibly distorted marketplace ideas placed reasonable limitation state general authorization allowing unions acquire spend money government employees washington recognized voters washington sought protect integrity election process see voters evidently thought impaired infusion money extracted nonmembers unions without consent restriction entitlement thus limited harm voters sought remedy voters enact limitation use nonmembers agency fees unions order vindicate narrow concern integrity election process said totally proscribable speech issue regulation permissible long realistic possibility official suppression ideas afoot think true extraordinary totally repealable authorization coerce payment government employees issue even thought necessary content limitation reasonable viewpoint neutral cf cornelius supra statute satisfies requirement quite obviously suppression ideas afoot since union remains free entity participate electoral process available funds agency fees lacking affirmative permission cf regan supra first amendment require government enhance person ability speak sum given unique context arrangements nature violate first amendment emphasize important limitation upon holding uphold applied unions respondent section applies face unions since unions collect agency fees contractually required action taken private employers rather government agencies washington regulation private arrangements presents somewhat different constitutional need answer question today however stage litigation respondent made overbreadth challenge see generally schaumburg citizens better environment applying overbreadth doctrine instead respondent consistently argued simply unconstitutional applied purpose noted statute applicability unions establish statute meant general limitation electoral speech condition state agencies authorization compulsory agency fees see brief respondent limited contention however unconvincing immaterial purpose voters washington undoubtedly general one protecting integrity elections limiting electoral spending certain ways though applicable unions served purpose different means depending type union involved conditioned unions authorization coerce fees government employees time regulated unions agreements constitutionality means chosen respect unions bearing whether constitutional applied unions hold violate first amendment state require unions receive affirmative authorization nonmember spending nonmember agency fees purposes therefore vacate judgment washington remand cases proceedings inconsistent opinion ordered gary davenport et petitioners washington education association washington petitioner washington education association writs certiorari washington june justice breyer chief justice justice alito join concurring part concurring judgment agree washington decision rested entirely flawed interpretations cases decision boy scouts america dale therefore concur judgment join parts second paragraph opinion however join part addresses numerous arguments respondent washington education association raised first time briefs see state ex rel washington state public disclosure washington ed en banc noting one arguments neither raised addressed address arguments lower courts given opportunity address see national collegiate athletic assn smith footnotes together washington washington education association also certiorari footnotes washington since amended codify narrower interpretation use fees interpretation adopted state trial passed question see supp brief respondent respondent concedes however cases moot petitioners sought money damages respondent alleged violation prior version still matters whether washington correct hold version inconsistent first amendment analysis whether requirement violates constitutional rights respondent affected amendment merely causes requirement applicable less frequently state trial thought respondent might point suggests times statute burdened ability spend dues members restricts solely use agency shop fees paid individual member reason respondent use members dues burdened respondent chose commingle dues nonmembers agency fees see app pet cert pp respondent improvident accounting practices render unconstitutional note well given current technology likely burdensome nonmember wishes provide affirmative authorization use fees electoral expenditures similar reasons washington invocation union expressive associational rights boy scouts america dale quite misplaced respondent basically concedes relying upon case section compel respondent acceptance unwanted members otherwise make union membership less attractive see rumsfeld forum academic institutional rights national labor relations act generally unfair labor practice employers enter arrangements see retain power act ban execution application agreements see suggest answer must different previously construed authorization arrangements national labor relations act manner arguably content based see communications workers beck authorizes expenditure agency fees nonmember objection furtherance union obligations exclusive bargaining representative ellis railway clerks expenditures publications report union activities exclusive bargaining representative charged nonmembers objection clear strong medicine overbreadth doctrine even available challenge statute see virginia hicks recognizing doctrine benefits eliminating chilling effect overbroad laws nonparties must weighed costs blocking perfectly constitutional applications law may argued targets statute narrow prohibition unions sufficiently capable defending interests significantly chilled