Alabama Education Ass'n v. State Superintendent of Education

746 F.3d 1135
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 5, 2014
DocketNos. 11-11266, 11-11267, 11-12609
StatusPublished
Cited by15 cases

This text of 746 F.3d 1135 (Alabama Education Ass'n v. State Superintendent of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alabama Education Ass'n v. State Superintendent of Education, 746 F.3d 1135 (11th Cir. 2014).

Opinions

DUBINA, Circuit Judge:

I. BACKGROUND

This appeal came to us following the district court’s entry of a preliminary injunction preventing enforcement of Alabama Act No. 2010-761 (“the Act”), codified at Alabama Code § 17-17-5. The Act prohibits public employees from “arranging] by salary deduction or otherwise ” for payments to (1) political action committees or (2) organizations that use any portion of the dues for “political activity.” Id. § 17-17-5(b) (emphasis added). The Act then goes on to define “political activity” for the purposes of § 17-17-5(b) only, limiting it to:

a. Making contributions to or contracting with any entity which engages in any form of political communication, including communications which mention the name of a political candidate.
b. Engaging in or paying for public opinion polling.
c. Engaging in or paying for any form of political communication, including communications which mention the name of a political candidate.
d. Engaging in or paying for any type of political advertising in any medium.
e. Phone calling for any political purpose.
f. Distributing political literature of any type.
g. Providing any type of in-kind help or support to or for a political candidate.

Id. § 17 — 17—5(b)(1).

Appellees, the Alabama Education Association, its political action committee A-[1138]*1138VOTE, and a handful of its individual members, brought a pre-enforcement, facial challenge to the Act. Two days before the Act was to take effect, the district court preliminarily enjoined its enforcement on two grounds. First, the district court concluded that the “or otherwise” language suffered from a constitutional overbreadth problem and risked prohibiting protected First Amendment activity. Ala. Educ. Ass’n v. Bentley, 788 F.Supp.2d 1288, 1320 (N.D.Ala.2011) “Bentley ”. Second, it found that the term “political activity” was unconstitutionally vague, such that those subject to the Act’s criminal penalties could not determine whether their actions constituted “political activity.” Id. at 1327-28.

Appellants, state officials charged with executing the Act, appealed the district court’s grant of a preliminary injunction. Though we generally review a grant of a preliminary injunction for an abuse of discretion, we review underlying conclusions of law de novo. N. Am. Med. Corp. v. Axiom Worldwide, Inc., 522 F.3d 1211, 1216 (11th Cir.2008). The district court always lacks the discretion to apply an improper legal standard. Id.

In a facial challenge alleging overbreath and vagueness, “a court’s first task is to determine whether the enactment reaches a substantial amount of constitutionally protected conduct.” Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 494, 102 S.Ct. 1186, 1191, 71 L.Ed.2d 362 (1982) (citations omitted). “If it does not, then the over-breadth challenge must fail.” Id. As for vagueness, if the enactment implicates no constitutionally protected conduct, the inquiry on a facial challenge is whether “the enactment is impermissibly vague in all of its applications.” Id. at 495, 102 S.Ct. at 1191; see also Holder v. Humanitarian Law Project, 561 U.S. 1, 17-18, 130 S.Ct. 2705, 2718, 177 L.Ed.2d 355 (2010) (noting that a criminal statute is unconstitutionally vague if it “fails to provide a person of ordinary intelligence fair notice of what is prohibited, or is so standardless that it authorizes or encourages seriously discriminatory enforcement” (quotations omitted)). An enactment that is not impermissibly vague in all its applications will survive a vagueness challenge. Village of Hoffman Estates, 455 U.S. at 494-95,102 S.Ct. at 1191.

A properly conceived ban on salary deductions to organizations engaged in political activity would be constitutional. Ysursa v. Pocatello Educ. Ass’n, 555 U.S. 353, 355, 129 S.Ct. 1093, 1096, 172 L.Ed.2d 770 (2009) (“[N]othing in the First Amendment prevents a State from determining that its political subdivisions may not provide payroll deductions for political activities.”). Accordingly, when first confronted with this controversy, this court asked the Alabama Supreme Court to weigh in on the Act’s reach and help us assess whether the ban on salary deductions paid to organizations engaged in “political activities” was, in fact, properly conceived. See Ala. Educ. Ass’n v. State Superintendent of Educ., 665 F.3d 1234, 1238 (11th Cir.2011) (“A statute with a broader reach may implicate First Amendment concerns not explored in Ysursa.”). We certified two questions:

(1)Is the “or otherwise” language in the statute limited to the use of state mechanisms to support political organizations, or does it cover all contributions by state employees to political organizations, regardless of the source?
(2) Does the term “political activity” refer only to electioneering activities?

Id. The Alabama Supreme Court answered our questions in State Superintendent of Education v. Alabama Education Associa[1139]*1139tion, — So.3d -, No. 1110413, 2013 WL 5763283 (Ala. Oct. 25, 2013).1

II. DISCUSSION

A. The Overbreadth Challenge

The Alabama Supreme Court’s opinion easily resolves any concern that the “or otherwise” language is overbroad. Every member of the Alabama Supreme Court agreed that the language in question, in the context of the entire Act, prohibits only the use of state mechanisms to support politically active organizations. The Act does not prohibit “private forms of payment, i.e., forms of payment not facilitated by the government.” Id. at -, 2013 WL 5763283, at *7. This compels the conclusions that the Act only declines to promote speech, rather than abridging it, and that the Act does not implicate any constitutionally protected conduct, much less a substantial amount. See Ysursa, 555 U.S. at 359, 129 S.Ct. at 1098 (holding that Idaho’s limitation on public employee payroll deductions did not implicate the First Amendment, as the prohibition simply prevented organizations from enlisting the state’s support of their speech).

Accordingly, we hold that the Appellees cannot demonstrate a substantial likelihood of success on the merits of their overbreadth claim. See Village of Hoffman Estates, 455 U.S. at 494, 102 S.Ct. at 1191 (holding than if an enactment does not reach a substantial amount of constitutionally protected conduct, an overbreadth challenge to it will fail). It is clear to us that the district court applied the wrong legal standard and abused its discretion in granting a preliminary injunction on that basis.2

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746 F.3d 1135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alabama-education-assn-v-state-superintendent-of-education-ca11-2014.