Ysursa v. Pocatello Ed. Assn

In Ysursa v. Pocatello Ed. Assn. (2009) 555 U.S. 353, a state law prohibited use of union dues for political speech if the dues were deducted from a state employee's wages. The unions sued, asserting that the ban on payroll deductions for political activities was a restriction on speech based on its content, violating the First and Fourteenth Amendments. The United States Supreme Court disagreed. It held that, although content-based restrictions "are 'presumptively invalid' and subject to strict scrutiny" (Ysursa, supra, at p. 358), this was not a content-based restriction because the state was not obligated to provide payroll deductions at all, and the law did not abridge the union's freedom of speech--"they are free to engage in such speech as they see fit." (Id. at pp. 358-360.)