csc letter carriers argued march decided june individual federal employees employees union certain local democratic republican political committees filed action challenging unconstitutional face prohibition hatch act federal employees taking active part political management political campaigns section defines phrase acts political management political campaigning prohibited part employees competitive service july determinations civil service commission rules prescribed president district recognized governmental interest restricting political activities federal employees held statutory definition political activity constitutionality left open public workers mitchell vague overbroad thus unconstitutional held holding mitchell supra federal employees prevented holding party office working polls acting party paymaster party workers reaffirmed congress also constitutionally forbid federal employees engaging plainly identifiable acts political management political campaigning organizing political party club actively participating activities partisan candidate political party becoming partisan candidate campaigning elective public office actively managing campaign partisan candidate public office initiating circulating partisan nominating petition soliciting votes partisan candidate public office serving delegate alternate proxy political party convention pp civil service commission regulations regarding political activity legitimate descendants restatement adopted congress respects reflection longstanding interpretations statute agency charged interpretation enforcement statute bases rejecting claim act unconstitutionally vague overbroad pp regulations specifying various activities deemed prohibited set terms ordinary person exercising ordinary common sense sufficiently understand observe without sacrifice public interest impermissibly vague pp nothing fatally overbroad statute considered connection civil service commission construction terms represented current regulations restrictions endorsements advertisements broadcasts literature speaking political party meetings support partisan candidates public party office major areas difficulty clearly stated normally performed context partisan campaigns one taking active role sustainable acts political campaigning constitutionally proscribable therefore render rest statute vulnerable overbreadth even provisions forbidding partisan campaign endorsements speechmaking considered respects constitutionally overbroad invalidate entire statute pp white delivered opinion burger stewart blackmun powell rehnquist joined douglas filed dissenting opinion brennan marshall joined post solicitor general griswold argued cause appellants briefs assistant attorney general wood andrew frey robert kopp anthony mondello thomas matthews argued cause appellees brief stephen truitt melvin wulf ralph temple philip elman briefs amici curiae urging affirmance filed lee johnson attorney general john osburn solicitor general laue thomas denney assistant attorneys general state oregon stephen pollak richard conway leo pellerzi donald murtha robert chanin zwerdling edward hickey coalition american public employees et al justice white delivered opinion december noted probable jurisdiction appeal based jurisdictional statement presenting single question whether prohibition hatch act codified federal employees taking active part political management political campaigns unconstitutional face section provides employee executive agency individual employed government district columbia may use official authority influence purpose interfering affecting result election take active part political management political campaigns purpose subsection phrase active part political management political campaigns means acts political management political campaigning prohibited part employees competitive service july determinations civil service commission rules prescribed president case began national association letter carriers six individual federal employees certain local democratic republican political committees filed complaint asserting behalf federal employees unconstitutional face seeking injunction enforcement plaintiffs alleged civil service commission enforcing threatening enforce hatch act prohibition active participation political management political campaigns respect certain defined activity plaintiff desired engage union example stated among things members desired campaign candidates public office democratic republican committees complained able get federal employees run state local offices plaintiff hummel stated aware provision hatch act activities desired engage violate act example participating delegate party convention holding office political club convened case tried stipulated evidence oral testimony district ruled unconstitutional face enjoined enforcement recognized governmental interest restricting political activities federal employees asserted long enactment hatch act well fact appropriateness governmental objective recognized endorsed objectives hatch act public workers mitchell district ruled however public workers mitchell left open constitutionality statutory definition political activity proceeded hold definition vague overbroad therefore unconstitutional unenforceable plaintiffs respect district also added even mitchell said upheld definitional section entirety later decisions eroded holding longer considered binding district ii district recognized constitutionality hatch act ban taking active part political management political campaigns prohibition attacked mitchell case labor union various federal employees violative first ninth tenth amendments contrary fifth amendment vague indefinite arbitrarily discriminatory deprivation liberty first determined respect one plaintiffs case controversy present within meaning art iii speculate type political activity appellants desired engage contents proposed public statements circumstances publication plaintiff poole however noted ward executive committeeman political party politically active election day worker polls paymaster services party workers plainly thought activities fell within prohibition hatch act taking active part political management political campaigning hey also covered prior determinations civil service commission omitted incorporated hatch act relying civil service commission publication political activity political assessments form latter conclusion poole complaint thus presented case controversy decision question solely whether hatch act without violating constitution make conduct basis disciplinary action held practice excluding classified employees party offices personal political activity polls ha effect several decades single dissent ex parte curtis previously upheld longstanding prohibition forbidding federal employees giving receiving money political purposes employees government conviction actively partisan governmental personnel threatens good administration deepened since curtis congress recognized danger service political rather official effort may earn advancement public governmental favor may channeled political connections omitted government thought empowered prevent federal employees contributing energy well collecting money partisan political ends congress president responsible efficient public service judgment efficiency may best obtained prohibiting active participation classified employees politics party officers workers see constitutional objection omitted another congress might determine otherwise teaching experience evidently led congress enact hatch act refused invalidate viewed leaving untouched full participation employees political decisions ballot box forbids partisan activity federal personnel deemed offensive efficiency ibid act interfere wide range public activities partisan political activity interdicted active participation political management political campaigns proscribed expressions public private public affairs personalities matters public interest objective party action unrestricted law long government employee direct activities toward party success ibid concluded poole done within power congress executive prevent unhesitatingly reaffirm mitchell holding congress power prevent poole others like holding party office working polls acting party paymaster party workers act congress going farther view unquestionably valid plain understandable language statute forbade activities organizing political party club actively participating activities partisan candidate political party becoming partisan candidate campaigning elective public office actively managing campaign partisan candidate public office initiating circulating partisan nominating petition soliciting votes partisan candidate public office serving delegate alternate proxy political party convention judgment neither first amendment provision constitution invalidates law barring kind partisan political conduct federal employees decision part confirm judgment history judgment made country last century best interest country indeed essential federal service depend upon meritorious performance rather political service political influence federal employees others electoral process limited judgment eventuated indisputable major steps reaching may simply briefly set early history thomas jefferson disturbed political activities executive branch government see richardson messages papers presidents heads executive departments response directive issued order stating part right officer give vote elections qualified citizen meant restrained however given shall effect prejudice expected attempt influence votes others take part business electioneering deemed inconsistent spirit constitution duties voices raised century mixing partisan politics routine federal service civil war spoils system federal employees came went depending upon party service changing administrations rather meritorious performance much vogue prevalent basis governmental employment advancement report commission political activity government personnel findings recommendations system survive congress authorized president prescribe regulations creation civil service federal employees stat civil service act stat known pendleton act kaplan law civil service declared person public service reason obligations contribute political fund render political service person said service right use official authority influence coerce political action person body stat act authorized president promulgate rules carry act effect created civil service commission agency administrator act rules president original civil service rules promulgated may president arthur civil service rule repeated language act one executive service use official authority influence coerce person interfere election went restricting political activities federal employees richardson messages papers presidents problems political activity continued arise annual report civil service commission one form remedial action taken accordance executive order issued president theodore roosevelt report commission political activity supra rule amended read follows person executive civil service shall use official authority influence purpose interfering election affecting result thereof persons provisions rules competitive classified service retaining right vote please express privately opinions political subjects shall take active part political management political campaigns annual report civil service commission supra emphasis added civil service rule covered classified service experience intervening years particularly political campaigns convinced majority congress prohibition taking active part political management political campaigns extended entire federal service cong rec bill introduced purpose prevent pernicious political activities easily passed senate cong rec constitutionality advisability purporting restrict political activities employees heatedly debated house bill enacted however stat hatch act named senator chief proponent initial provisions forbade anyone coercing interfering vote another person prohibited federal employees using official positions influence interfere affect election nomination certain federal officials sections act prohibited promise threat termination employment compensation purpose influencing securing political activity support opposition candidate section provided prohibition political activity found concerned case essentially restated civil service rule important exception made unlawful person employed executive branch federal government agency department thereof use official authority influence purpose interfering election affecting result thereof officer employee executive branch federal government agency department thereof shall take active part political management political campaigns persons shall retain right vote may choose express opinions political subjects section differed civil service rule important respects applied persons employed federal government limited exceptions made dismissal office mandatory upon adjudication violation whereas civil service rule stated persons retained right express private opinions political subjects statute omitted word private simply privileged employees express opinions political subjects day prior signing bill president franklin roosevelt sent message congress stating conviction bill constitutional recommending congress next session consider extending act state local government employees cong rec congress quickly proceeded act july stat extended hatch act officers employees state local agencies whose principal employment connection activity financed whole part loans grants made civil service commission empowered investigate adjudicate violations act state local employees also relevant present purposes hatch act amended persons covered act free express opinions political subjects candidates emphasis added moreover defined prohibition taking active part political management political campaigns proscribing activities part persons civil service commission heretofore determined time section takes effect prohibited part employees classified civil service provisions rules prohibiting employees taking active part political management political campaigns prohibition political activity construed prohibit political activity nonpartisan elections connection questions specifically identified national state political party questions relating constitutional amendments referendums approval municipal ordinances others similar character act requiring removal office violating act amended providing commission unanimous vote impose lesser penalty case less days suspension without pay stat minimum sanction reduced days suspension without pay stat congress determined review restrictions hatch act partisan political activities public employees purpose commission political activity government personnel created stat commission reported recommending liberalization restrictions federal employees abandoning fundamental decision partisan political activities government employees must limited major respects report commission political activity government personnel supra since time various bills introduced congress following commission recommendations proposing much substantial revisions hatch act hearings held proposed legislation new legislation resulted account efforts federal government limit partisan political activities covered hatch act obscure equally relevant fact restricted political activities employees judgment congress executive country appears partisan political activities federal employees must limited government operate effectively fairly elections play proper part representative government employees sufficiently free improper influences cong rec cong rec restrictions far imposed federal employees aimed particular parties groups points view apply equally partisan activities type described discriminate racial ethnic religious minorities seek control political opinions beliefs interfere influence anyone vote polls held pickering board education government interest regulating conduct speech employees differ significantly possesses connection regulation speech citizenry general problem case arrive balance interests employee citizen commenting upon matters public concern interest government employer promoting efficiency public services performs employees although congress free strike different balance chooses think balance far struck sustainable obviously important interests sought served limitations partisan political activities contained hatch act seems fundamental first place employees executive branch government working agencies administer law accordance congress rather accordance political party expected enforce law execute programs government without bias favoritism political party group members thereof major thesis hatch act serve great end government impartial execution laws essential federal employees example 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 see cong rec cong rec hearings senate committee post office civil service another consideration judgment important government employees fact avoid practicing political justice also critical appear public avoiding confidence system representative government eroded disastrous extent another major concern restriction partisan activities federal employees perhaps immediate occasion enactment hatch act conviction rapidly expanding government work force employed build powerful invincible perhaps corrupt political machine experience campaigns convinced congress dangers sufficiently real substantial barriers raised party power party power matter using thousands hundreds thousands federal employees paid public expense man political structure political campaigns cong rec related concern remains important 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 see cong rec hearings supra may urged prohibitions coercion sufficient protection many years joint judgment executive congress protect rights federal employees respect jobs political acts beliefs enough merely forbid one employee attempt influence coerce another example hearings proposed legislation liberalizing prohibition political activity chairman civil service commission stated prohibitions active participation partisan political management partisan political campaigns constitute significant safeguards coercion hearings supra perhaps congress time come different view realities political life government service current view matter position dispute view constitution forbid neither right associate right participate political activities absolute event see rosario rockefeller dunn blumstein bullock carter jenness fortson williams rhodes management financing conduct political campaigns wholly free governmental regulation agree basic holding mitchell plainly identifiable acts political management political campaigning part federal employees may constitutionally prohibited judgment lower federal courts understand district case questioned constitutionality law specifically limited prohibiting conduct poole mitchell case admittedly engaged iii however constitutional proscription identifiable partisan conduct understandable language may district judgment unconstitutionally vague fatally overbroad appellees make contentions agree section unconstitutional face either reason initial matter must clearly mind statutory prohibitions examining impermissible vagueness overbreadth section provides employee executive agency must take active part political management political campaigns goes say prohibition refers acts political management political campaigning prohibited part employees competitive service july determinations civil service commission rules prescribed president section privileges employee vote chooses express opinion political subjects candidates well also limit applicability principal issue respect statutory scheme congress intended purported define active part political management political campaigns meaning prior interpretations civil service commission civil service rule contained identical prohibition earlier opinion noted definition contained act recommended senate committee conferred broad rulemaking authority civil service commission spell meaning active part political management political campaigns event strong objections extending hatch act state employees working federally financed programs see cong rec particular unwise invalid delegation legislative power commission see matter vigorously debated ultimately senator hatch principal proponent manager bill offered substitute limiting reach prohibition activities commission heretofore determined time passage act prohibited part employees classified service similar provision civil service rule matter debated amendment carried district appellees construe part incorporating several thousand adjudications civil service commission civil service rule many said undiscoverable inconsistent incapable yielding meaningful rules govern present future conduct event district held prohibition taking active part political management political campaigns insufficient guide employee behavior thought definitional addendum compounded confusion referring concerned employees impenetrable jungle commission proceedings orders rulings take quite different view statute see task destroy act construe consistent congress comport constitutional limitations mind examined care proceedings surrounding passage act adoption substitute think appears plainly enough congress intended deprive civil service commission rulemaking power sense exercising subordinate legislative role fashioning expansive definition kind conduct violate prohibition taking active part political management political campaigns equally plain think congress accepted fact commission performing investigative adjudicative role civil service rule since commission basis fleshed meaning rule developed body law respect partisan conduct federal employees forbidden rule cong rec also apparent view rules evolved years repeated adjudications subject sufficiently clear summary statement guidance classified service many times debate floor senate senator hatch others referred summary list prohibitions see senator ultimate reference civil service form september pertinent portion placed record commission effort restate prevailing prohibitions civil service rule spelled adjudications date administrative restatement civil service rule law modified extent necessary reflect provisions acts view congress intended serve definition general proscription partisan activities within limits rules civil service commission proceed perform role statute congress expect commission continue accustomed role respect federal employees also act congress expressly assigned commission enforcement task respect state employees covered act commission issue notice hold hearings adjudicate enforce process inevitably predictably entail development law within bounds necessarily severe rules productive refined definition conduct violate statutory prohibition taking active part political management political campaigns thus surprising later editions form commission purported restate law forbidden political activity informed years intervening adjudications sought define acts forbidden permitted hatch act regulations cfr pt wholly legitimate descendants restatement adopted congress arrived process congress necessarily anticipated occur years accept current respects longstanding interpretations statute agency charged interpretation enforcement regulations purporting construe actually applied practice well statute various exclusions address rejecting claim act unconstitutionally vague overbroad law students research council wadmond cf gooding wilson whatever might difficulty provision taking active part political management political campaigns act specifically provides employee retains right vote chooses express opinion political subjects candidates act exempts research educational activities supported district columbia religious philanthropic cultural organizations exempts nonpartisan political activity questions identified national state political parties covered act including issues respect constitutional amendments referendums approval municipal ordinances like moreover plain import amendment hatch act proscription taking active part proscribed activities limited rules proscriptions developed civil service rule date passage act rules refined adjudications within outer limits rules restated commission form regulations specifying conduct prohibited permitted companion sections set regulations margin see nothing impermissibly vague cfr specifies separate paragraphs various activities deemed prohibited might quibbles meaning taking active part managing actively participating meaning becoming partisan candidate office limitations english language respect specific manageably brief seems us although prohibitions may satisfy intent finding fault cost set terms ordinary person exercising ordinary common sense sufficiently understand comply without sacrifice public interest general class offenses provisions directed plainly within terms struck vague even though marginal cases put doubts might arise harriss surely seemed little question minds plaintiffs brought lawsuit meaning law whether conduct desire engage prohibited act act permits individual employee express opinion political subjects candidates corresponding regulation cfr privileges employee xpress opinion individual privately publicly political subjects candidates section regulations purports state partisan acts proscribed forbids subparagraph endorsement partisan candidate public office political party office political advertisement broadcast campaign literature similar material subparagraph prohibits ddressing convention caucus rally similar gathering political party support opposition partisan candidate public office political party office arguably problems meshing think latter prohibitions sufficiently clearly carve prohibited political conduct expressive activity permitted prior section survive attack ground vagueness name policies doctrine may deemed also important respect commission established procedure employee doubt validity proposed course conduct may seek obtain advice commission thereby remove doubt may meaning law least insofar commission concerned neither discern anything fatally overboard statute considered connection commission construction terms represented regulations us major difficulties respect relate prohibition endorsements advertisements broadcasts literature speaking political party meetings support partisan candidates public party office restrictions clearly stated political acts normally performed context partisan campaigns one taking active role sustainable reasons acts political campaigning constitutionally proscribable therefore render remainder statute vulnerable reason overbreadth even provisions forbidding partisan campaign endorsements speechmaking considered respects unconstitutionally overbroad invalidate entire statute district remainder statute said covers whole range easily identifiable constitutionally proscribable partisan conduct part federal employees extent pure expression impermissibly threatened view make statute substantially overbroad invalid face broadrick oklahoma post foregoing reasons judgment district reversed ordered appendix opinion iii particular types prohibited activities activity indirection political activity prohibited case employee acting independently also prohibited case employee acting open secret cooperation others whatever employee may directly personally may indirectly agent officer employee chosen subject control employees therefore accountable political activity persons including wives husbands fact employees thus accomplishing collusion indirection may lawfully directly openly political activity fact regardless methods means used employee constitutes violation mean employee husband wife may engage politics independently upon initiative behalf cases arisen however facts showed real purpose wife activity accomplish political act prohibited husband attempt made husband benefit instigation even upon coercion may true individuals may occur among groups employees wives associated purpose securing husbands husbands may secure situations obvious prohibitions political activity indirectly violated collusion coercion renders wife activity imputable husband guilty infraction openly participant conventions candidacy service delegate alternate proxy political convention service officer employee thereof prohibited attendance merely spectator permissible employee attending must take part convention deliberations proceedings committees must refrain public display partisanship obtrusive demonstration interference see secs primaries caucuses employee may attend primary meeting mass convention beat convention caucus like may cast vote question presented may pass point participating deliberations may act officer meeting convention caucus may address make motions prepare assist preparing resolutions assume represent others take prominent part therein committees service political committee similar organization prohibited employee may attend spectator meeting political committee general public admitted must refrain activity indicated preceding paragraphs whether committee ultimate political purpose determines whether classified employee may properly serve member assignment may duties considered alone seem far removed active politics considered part whole purpose assume active political character attempt made differentiate workers political committees respect degree politically active clubs organizations employees may members political clubs improper active organizing club officers club members officers committees act address political club service delegate club league political clubs service officer representative political club prohibited service delegate representative club organization words employee may become member political club may take active part management affairs may represent members attempt influence actions utterances see secs section act august stat provides part membership society association club form organization postal employees affiliated outside organization imposing obligation duty upon engage strike proposing assist strike objects among things improvements condition labor members including hours labor compensation therefor leave absence person groups persons said postal service presenting person groups persons grievance grievances congress member thereof shall constitute cause reduction rank compensation removal person groups persons said service shall unlawful person employed capacity agency federal government whose compensation part thereof paid funds authorized appropriated act congress membership political party organization advocates overthrow constitutional form government person violating provisions section shall immediately removed position office held thereafter part funds appropriated act congress position office shall used pay compensation person meetings service preparing organizing conducting political meeting rally addressing meeting taking part therein except spectator prohibited expression opinions although section act august reserves federal officers employees right express opinions political subjects officers employees competitive classified service subject also section rule employees must confine private expression opinion nonclassified excepted employees may indulge public expression opinion constitutes taking part organized political campaign see foregoing secs activity polls candidates employee right vote pleases exercise right free interference solicitation dictation fellow employee superior officer person violation federal corrupt practices act pay offer pay person voting refraining voting voting candidate senator representative delegate resident commissioner congress also violation law solicit receive accept payment one vote withholding one vote see code title sec act august criminal offense person intimidate threaten coerce person purpose interfering right person vote may choose election national character also criminal offense promise employment position work compensation benefit made possible act congress consideration favor reward political activity support opposition political candidate party see secs herein duty employee avoid offensive activity primary regular elections must refrain soliciting votes assisting voters mark ballots helping get voters registration election days acting accredited checker watcher challenger party faction assisting counting vote engaging activity polls except marking depositing ballot rendering service transporting voters polls candidates canvassing tours whether pay gratuitously held within scope political activities prohibited rule even service performed without regard political party election officers service judge election inspector checker teller election officer kind prohibited newspapers publication letters articles classified employee may publish connected editorially managerially political newspaper may write publication publish letter article signed unsigned favor political party candidate faction measure employee writes letter article responsible use may made whether gives consent use see secs liquor question activity campaigns concerning regulation suppression liquor traffic prohibited employee may member officer club league organization takes part campaign dissemination temperance propaganda permissible endeavor regulation control suppression liquor traffic political agencies prohibited betting wagering elections betting wagering upon results primary general elections penalized laws improper political activity activity civic organizations citizens associations activity organizations primary object promotion good government local civic welfare prohibited act august rule provided activities connection campaigns particular candidates parties parades employee may march political parade organize officer leader parade government employee may take part activities musical organization parade activity political party signing petitions first amendment constitution provides congress shall make law respecting establishment religion prohibiting free exercise thereof abridging freedom speech press right people peaceably assemble petition government redress grievances section act august stat provides right persons employed civil service either individually collectively petition congress member thereof furnish information either house congress committee member thereof shall denied interfered right guaranteed constitution statute extends petitions addressed government congress members thereof extend petitions addressed state county municipal governments political units classified employee permitted sign petitions latter class individual without reference connection government may initiate circulate canvass signatures others applying presidential positions classified service classified employee seeks promotion appointment transfer presidential office classified service objection becoming candidate office provided consent department obtained provided violate section rule prohibiting use official authority influence political matters provided neglect duty avoids action cause public scandal semblance coercion fellow employees desires placed position seeks classified employee may circulate petition seek endorsements appointment presidential position subject qualifications stated may individual sign petition recommend another person appointment may circulate petition solicit endorsements recommendations support appointment another person position whether person fellow employee one time government service unofficial primary election held purpose determining popular choice presidential office classified employee may permit name appear upon ticket may solicit votes behalf primary election manner violate section rule may vote express privately opinions may solicit votes publicly advocate candidacy election person although permissible classified employee individual sign petition recommend another person appointment nonclassified position permitted sign petition government employee way use official authority influence advance candidacy person election appointment office classified employees permitted exercise right individuals sign petition favoring candidate office may government employees group association government employees forms political activity among forms political activity prohibited distribution campaign literature badges buttons assuming general political leadership becoming prominently identified political movement party faction success failure candidate election public office iv candidacy holding local office classified nonclassified employees federal employees holding local office persons holding federal civil office appointment whether competitive classified service prohibited accepting holding office state territorial municipal government executive order january follows whereas brought notice president many persons holding civil office appointment otherwise constitution laws holding federal positions accept offices authority territories reside municipal corporations charters ordinances corporations thereby assuming duties state territorial municipal office time charged duties civil office held federal authority whereas believed exceptions holding two offices person incompatible due faithful discharge duties either office frequently gives rise great inconvenience often results detriment public service moreover harmony genius government view premises therefore president deemed proper thus hereby give public notice day march except herein specified persons holding federal civil office appointment constitution laws expected holding office accept hold office state territorial government charter ordinances municipal corporation acceptance continued holding state territorial municipal office whether elective appointment person holding civil office aforesaid government judicial offices constitution deemed vacation federal office held person taken treated resignation federal officer commission appointment service offices justices peace notaries public commissioners take acknowledgment deeds bail administer oaths shall deemed within purview order excepted operation may held federal officers appointment deputy marshals may conferred upon sheriffs deputy sheriffs deputy postmasters emoluments whose office exceed per annum also excepted operation order may accept hold appointments state territorial municipal authority provided found interfere discharge duties postmasters heads departments officers government appointment subordinate officers required take notice order see enforcement provisions terms within sphere respective departments offices relates several persons holding appointments respectively inquiries made various quarters application executive order issued january relating holding state municipal offices persons holding civil offices federal government president directs following reply made asked whether order prohibits federal officer holding also office alderman common councilman city town councilman town village appointments city town village governments suggested may distinction made case office without salary compensation city town offices description referred whatever names may locally known whether held election appointment whether without salary compensation class executive order intends held persons holding federal offices asked whether order prohibits federal officers holding positions boards education school committees public libraries religious eleemosynary institutions incorporated established sustained state municipal authority positions service boards committees professorships colleges regarded offices within contemplation executive order employments service good citizens may engaged without incompatibility many cases without necessary interference position may hold federal government officers federal government may therefore engage service provided attention required employment interfere regular efficient discharge duties office federal government head department federal office held cases sole judge whether employment thus interfere question also asked regard officers state militia congress exercised power conferred constitution provide organizing militia liable called forth employed service thus sense control general government moreover greatest value public executive order january considered prohibiting federal officers officers militia territories asked whether order prohibits persons holding office federal government members local municipal fire departments also whether applies mechanics employed day armories arsenals navy yards unpaid service local municipal fire departments regarded office within intent executive order may performed federal officers provided interfere regular efficient discharge duties federal office head department office held case judge mechanics laborers employed day armories arsenals navy yards master workmen hold appointments government department whether fixed time pleasure appointing power embraced within operation order minor local offices may held government officers employees although executive orders january january prohibit generally person holding federal civil office appointment accepting holding office state territorial municipal government certain offices minor character excepted general prohibition among positions justice peace notary public commissioner take acknowledgement deeds bail administer oaths positions boards education school committees public libraries religious eleemosynary institutions addition federal employees certain conditions permitted hold local offices authority executive orders set forth section permission hold local offices granted executive orders however subject general prohibition section act august see sec participation political management political campaigns federal employees view broad language section act august incumbency federal employee elective office whatever state territorial municipal government prohibited regardless whether office character incumbency permitted executive order prior enactment act incumbency federal employee appointive office state territorial municipal government permissible provided incumbency specifically authorized statute executive order securing offices however discharge duties thereof federal employees must engage political management footnotes complaint made allegations respect provision taken hatch act stat imposes similar prohibitions certain state employees working programs federally financed district however holding class action proper respect federal employees held none parties properly representative state employees covered act supp hence respect federal employees us case union alleged members desirous running local elections offices school board member city council member mayor writing letters political subjects newspapers participating delegate political convention running office political party campaigning candidates political office app democratic republican committees complained deterred seeking desirable candidates federal state employees covered hatch act run democratic republican ticket state local offices addition numerous individuals otherwise desire available become members plaintiff committees continue deterred said provisions hatch act plaintiff hummel alleged desired engage wide variety political activities including participation delegate conventions political party public endorsement candidates political party local state national office work polling places behalf political party elections holding office political club result inquiries civil service commission knowledge hatch act plaintiff hummel aware activities violate hatch act plaintiff pinho alleged desired become precinct democratic committee woman arlington county democratic committee campaign certain democratic candidates house representatives senate plaintiff mandicino alleged active member officer plaintiff union compelled engage political activities prohibited hatch act order carry responsibilities offices engaged activities including campaigning candidates political parties participation delegate conventions political party active participation affairs political party fund raising behalf political parties candidates ibid plaintiff wylie alleged resigned position department health education welfare position competitive civil service run republican candidate maryland state senate campaign employed consultant department basis defeat sought permanent basis dispute political activities acting consultant delayed period time financial loss mental anguish plaintiff gee alleged desired file candidate office borough councilman local community fear participation partisan election endanger job ibid plaintiff myers alleged desired run republican candidate partisan election mayor west lafayette indiana except fear losing job reason violation hatch act section hatch act codified see supra defined prohibition taking active part political management political campaigns proscribing activities civil service commission determined time passage hatch act prohibited classified civil service employees role scope discussed text infra senator hatch quoted order debate amendments hatch act cong rec example president cleveland executive order warned federal employees use official positions attempts control political movements localities richardson messages papers presidents amendments hatch act stat also provided inter alia limitation certain campaign contributions federal employees municipalities vicinity district columbia approval commission engage political activity limitation receipts expenditures political committees sess sess sess sess legislation recommended commission political activity see report commission political activity government personnel findings recommendations sess sess sess sess hearings senate committee post office civil service sess congress extended restrictions political activity persons previously covered economic opportunity act stat amended extended restrictions certain employees private corporations postal reorganization act stat made provisions applicable postal service emergency employment act stat supp extended provisions personnel employed administration programs established act see generally broadrick oklahoma post debate amendments hatch act frequently stated objectionable provisions restrictions proposed voluntary political activity see cong rec response inquiry whether condemning without coercion voluntarily desire take part politics senator hatch replied draw line drawn defy anyone draw line hearings commission political activity chairman civil service commission noted one man coercion another man persuasion relationship extent voluntaryism tends rather substantially circumscribed report commission political activity government personnel hearings see intimidation voters expenditures influence voting solicitation political contributions publication distribution political statements see northern virginia regional park authority civil service cert denied fishkin civil service supp nd cal appeal dismissed untimely kearney macy cert denied engelhardt civil service supp md aff per curiam title provides employee executive agency individual employed government district columbia may use official authority influence purpose interfering affecting result election take active part political management political campaigns purpose subsection phrase active part political management political campaigns means acts political management political campaigning prohibited part employees competitive service july determinations civil service commission rules prescribed president employee individual subsection section applies retains right vote chooses express opinion political subjects candidates subsection section apply individual employed educational research institution establishment agency system supported whole part district columbia recognized religious philanthropic cultural organization subsection section apply employee paid appropriation office president head assistant head executive department military department employee appointed president advice consent senate determines policies pursued relations foreign powers nationwide administration federal laws commissioners district columbia recorder deeds district columbia title section title prohibit political activity connection election preceding campaign none candidates nominated elected election representing party whose candidates presidential elector received votes last preceding election presidential electors selected question specifically identified national state political party political party territory possession purpose section questions relating constitutional amendments referendums approval municipal ordinances others similar character deemed specifically identified national state political party political party territory possession section reported senate committee provided sec civil service commission hereby authorized directed promulgate soon practicable rules regulations defining purposes act term active part political management political campaigns promulgation rules regulations term active part political management political campaigns used act shall meaning ascribed rules regulations commission authorized amend rules regulations time time deems necessary cong rec substitute section recommended committee provided sec provisions act prohibit persons provisions apply taking active part political management political campaigns shall deemed prohibit activities part persons civil service commission heretofore determined time passage act prohibited part employees classified civil service provisions rules prohibiting employees taking active part political management political campaigns cong rec emphasis added substitute introduced senator hatch made slight modification added phrase italics see appendix opinion infra senator hatch form floor debate provided pertinent portion form insertion congressional record debate completed section cong rec however senator provided senate card listing rules described civil service commission construction civil service rule card prepared senator hatch assistance commission summary pertinent portions form inserted congressional record provided pertinent language section practically duplication rule prohibiting political activity employees classified civil service section provides substance among things officer employee shall take active part political management political campaigns language rule construed follows rule prohibits participation national politics also state county municipal politics temporary employees substitutes persons furlough leave absence without pay subject regulation whatever official employee may directly may indirectly another candidacy service delegate alternate proxy political convention prohibited service political committee prohibited organizing conducting political rallies meetings taking part therein except spectator prohibited employees may express opinions subjects may make political speeches employees may vote please must solicit votes mark ballots others help get votes act checkers marker challenger party engage activity poles sic except casting ballot employee may serve election official unless failure refusal violation state laws political activity employee publish connected editorially managerially financially political newspaper employee may write publication publish letter article signed unsigned favor political party candidate faction betting wagering upon results primary general election political activity organization leadership political parades prohibited marching parades prohibited among forms political activity prohibited distribution campaign literature assuming political leadership becoming prominently identified political movements parties factions success failure supporting candidate public office candidacy nomination election national state county municipal office within prohibition attending conventions spectators permitted employee may attend mass convention caucus cast vote may pass point membership political club permitted employees may officers club act voluntary contributions campaign committees organizations permitted employee may solicit collect receive contributions contributions persons receiving remuneration funds appropriated relief purposes permitted incorporation civil service commission restatement intended include commission interpretations consistent hatch act demonstrated following colloquy senators hatch minton cong rec minton right express political opinions defined civil service commission mean private expression opinions hatch yes word privately rule civil service commission hatch act minton civil service commission defined right express political opinions right privately hatch president word privately included rule civil service commission word privately written rule word dropped deliberately intentionally want remain title changed edition political activity pertinent regulations appearing cfr pt provide permissible activities permissible activities employees free engage political activity widest extent consistent restrictions imposed law subpart employee retains right register vote election express opinion individual privately publicly political subjects candidates display political picture sticker badge button participate nonpartisan activities civic community social labor professional organization similar organization member political party political organization participate activities extent consistent law attend political convention rally function political gathering sign political petition individual make financial contribution political party organization take active part independent candidate support independent candidate partisan election covered take active part candidate support candidate nonpartisan election politically active connection question specifically identified political party constitutional amendment referendum approval municipal ordinance question issue similar character serve election judge clerk similar position perform nonpartisan duties prescribed state local law otherwise participate fully public affairs except prohibited law manner materially compromise efficiency integrity employee neutrality efficiency integrity agency paragraph section authorize employee engage political activity violation law duty uniform identifies employee head agency may prohibit limit participation employee class employees agency activity permitted paragraph section participation activity interfere efficient performance official duties create conflict apparent conflict interests prohibited activities use official authority prohibition employee may use official authority influence purpose interfering affecting result political management political campaigning prohibitions employee may take active part political management political campaign except permitted subpart activities prohibited paragraph section include limited serving officer political party member national state local committee political party officer member committee partisan political club candidate positions organizing reorganizing political party organization political club directly indirectly soliciting receiving collecting handling disbursing accounting assessments contributions funds partisan political purpose organizing selling tickets promoting actively participating activity partisan candidate political party political club taking active part managing political campaign partisan candidate public office political party office becoming partisan candidate campaigning elective public office soliciting votes support opposition partisan candidate public office political party office acting recorder watcher challenger similar officer polls behalf political party partisan candidate driving voters polls behalf political party partisan candidate endorsing opposing partisan candidate public office political party office political advertisement broadcast campaign literature similar material serving delegate alternate proxy political party convention addressing convention caucus rally similar gathering political party support opposition partisan candidate public office political party office initiating circulating partisan nominating petition according affidavit filed district general counsel civil service commission app information unit office general counsel answers inquiries whatever source concerning application hatch act rule regulations appointment made president advice consent senate postmaster positions first second third classes positions competitive classified service act june see sec see sec federal employee resigns expiration accrued leave may accept state municipal position last day active federal service comp includes assistant professorships state college assistant lectureships evening school municipal university instructorships state college similar positions state municipal colleges universities minutes commission august justice douglas justice brennan justice marshall concur dissenting hatch act prohibits federal employees taking active part political management political campaigns employees whose union speaking want run state local elections school board city council mayor write letters political subjects newspapers delegate political convention run office hold office political party political club campaign candidates political office work polling places behalf political party say things like marching band clear others pregnant ambiguity participate fully public affairs except prohibited law manner materially compromise etc permission ake active part nonpartisan election cfr also raises large questions uncertainty one may partisan person issue candidate without feeling identification one political party district felt prohibitions act worded generalities lack precision supp result hazardous employee ventures speak political matter since know words acts relating political subjects offend chilling effect vague generalized prohibitions obvious need elaboration effect material issue constitutionality normal contours police power involved run social economic matters rational basis standard public workers mitchell applied suffice may unclear mitchell abundantly clear deal first amendment right speak propose publish petition government assemble time place obvious limitations thus one object employees barred using office time engage outside activities whether political otherwise concern government employee spare time whether religion recreation social work politics hobby unless impairs efficiency facets merits job things activities affect may thought affect employee job performance political creed like religion irrelevant areas speech like religion concern employee says private wife public constitution hall government employment privilege sorts conditions might attached settled government employment may denied penalized basis infringes employee constitutionally protected interests especially interest freedom speech see perry sindermann government majority stated mitchell may condition public employment basis employee take active part missionary work difficult see may condition employment basis employee take active part political campaigns speech assembly petition deeply embedded first amendment proselytizing religious cause free discussion governmental affairs basic constitutional system sweezy new hampshire mills alabama monitor patriot roy laws trench area must narrowly precisely drawn deal precise ends overbreadth area first amendment peculiar evil evil creating chilling effects deter exercise freedoms dombrowski pfister stated naacp button speaking first amendment freedoms unconstitutionality overbroad statutes freedoms delicate vulnerable well supremely precious society threat sanctions may deter exercise almost potently actual application sanctions mitchell different vintage present case since date host decisions illustrated need narrowly drawn statutes touch first amendment rights teacher held unconstitutionally discharged sending letter newspaper criticized school authorities pickering board education circumstances conclude interest school administration limiting teachers opportunities contribute public debate significantly greater interest limiting similar contribution member general public followed course wood georgia relieved sheriff contempt conviction making public statement connection current political controversy present case sheriff spoke private citizen said interfere duties sheriff present act appropriately narrowed meet need narrowly drawn language embracing first amendment speech writing without substantial revision rewriting done commission congress refused delegate authority regulate first amendment rights proposal aroused great debate congress senator hatch finally submitted substitute saying away question delegation power commission approach listed categories prohibited activities cfr starting include limited commission ends discretion penalize penalize example permissible activity employee right xpress opinion individual privately publicly political subjects candidates cfr yet soliciting votes prohibited cfr employee safe punishment expresses opinion candidate best candidate worst crossing forbidden line soliciting votes nursing assistant veterans hospital put ad newspaper reading many friends poplar bluff butler county want take opportunity ask vote support election tuesday august special person seeking democratic nomination sheriff tell qualifications past records stand person dad lester less massingham thank wallace wally massingham letter permissible expression views prohibited solicitation solicitor general says permissible expression commission ruled otherwise employee solicitor general counsel great consequences flow innocent decision may lose job therefore prudent thing nothing thus censorship imposed many nervous people live narrow economic margins strike provision law unconstitutional new start may made old problem confuses restricts nearly five million federal state local public employees today live present act regulation employees necessary act regulated anything act reasonably deemed congress interfere efficiency public service public workers mitchell reported senate committee privileges elections authorized civil service commission define term active part political management political campaigns term used prohibitions applicable federal employees prohibitions applicable state local officers employees senate reluctant leave task defining terms bureaucratic board absolutely knowledge political conditions circumstances section country cong rec remarks lucas section also challenged unconstitutional delegation legislative authority remarks brown mckellar others concerned problems fairness bankhead