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An Idaho state statute prohibits local government employers and school employers from making payroll deductions for "political activities," defined as "electoral activities, independent expenditures, or expenditures made to any candidate, political party, political action committee or political issues committee or in support of or against any ballot measure." 

The 9th Circuit held that this statute is unconstitutional in that it violates the first amendment rights of the labor unions who represent the employees. The 9th Circuit reasoned that (1) the "restriction on voluntary political contributions" was a burden on political speech in that it would decrease the revenues available to the labor unions to use for political speech; (2) the law is a form of content discrimination; (3) content-based restrictions on political speech are subject to strict scrutiny; (4) the state offered no compelling interest in favor of the law.  

The 9th Circuit rejected the state's attempts to have the statute analyzed under two exceptions to the strict-scrutiny standard. (1) Government can refrain from paying for speech with which it disagrees, but the State does not subsidize the payroll systems of local government. (2) Government's ability to regulate speech in a public forum (here defined as the local governments' payroll deduction programs) did not apply because neither the local workplaces nor the local payroll systems are "property of the State of Idaho.

Case below: Pocatello Education Association v. Heideman (9th Cir 10/05/2007) 
Official docket sheet 
Certiorari granted March 31, 2008.
Oral argument:  November 3, 2008. 

Question presented:  

Does the First Amendment to the United States Constitution prohibit a state legislature from removing the authority of state political subdivisions to make payroll deductions for political activities under a statute that is concededly valid as applied to state government employers? 

Certiorari Documents: 

• Petition for writ of certiorari 
• Brief of respondents Pocatello Education Association, et al. in opposition 
• Reply of petitioners Ben Ysursa, Idaho Secretary of State, et al. 
• Brief amici curiae of Utah Taxpayers Association, et al., supporting petitioner