United States v. National Treasury Employees Union | |
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Argued November 8, 1994 Decided February 22, 1995 | |
Full case name | United States, et al. v. National Treasury Employees Union, et al. |
Citations | 115 S. Ct. 1003; 130 L. Ed. 2d 964; 1995 U.S. LEXIS 1624 |
Holding | |
Section 501(b) of the Ethics in Government Act of 1978 violates the First Amendment. | |
Court membership | |
| |
Case opinions | |
Majority | Stevens, joined by Kennedy, Souter, Ginsburg, Breyer |
Concur/dissent | O'Connor |
Dissent | Rehnquist, joined by Scalia, Thomas |
United States v. National Treasury Employees Union, 513 U.S. 454(1995), was a United States Supreme Court case in which the Court held that Section 501(b) of the Ethics in Government Act of 1978 violates the First Amendment of the United States Constitution.
The United States Reports are the official record of the rulings, orders, case tables, in alphabetical order both by the name of the petitioner and by the name of the respondent, and other proceedings of the Supreme Court of the United States. United States Reports, once printed and bound, are the final version of court opinions and cannot be changed. Opinions of the court in each case are prepended with a headnote prepared by the Reporter of Decisions, and any concurring or dissenting opinions are published sequentially. The Court's Publication Office oversees the binding and publication of the volumes of United States Reports, although the actual printing, binding, and publication are performed by private firms under contract with the United States Government Publishing Office.
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about one hundred to one hundred fifty of the more than seven thousand cases that it is asked to review.
Congress amended the Ethics in Government Act of 1978 with the Ethics Reform Act of 1989 (Pub.L. 101–194). In section 501(b), Congress prohibited its members, federal officers, and other government employees from "accepting an honorarium for making an appearance, speech, or writing an article." [1]
The United States Congress is the bicameral legislature of the Federal Government of the United States. The legislature consists of two chambers: the House of Representatives and the Senate.
An honorarium is an ex gratia payment, i.e., a payment made, without the giver recognizing themself as having any liability or legal obligation, to a person for his or her services in a volunteer capacity or for services for which fees are not traditionally required. It is a common remuneration practice in schools or sports clubs, for teachers and coaches. Another example includes the payment to guest speakers at a conference meeting to cover their travel, accommodation, or preparation time. Services for Christian Church funerals and/or memorial services are often paid by honorarium, as the minister, musicians, organist, soloist and others, out of care, do not have a set fee for services to grieving families. Likewise, wedding officiants are sometimes paid through honorarium.
The National Treasury Employees Union challenged this section as an unconstitutional violation of the First Amendment's freedom of speech protection. [1] The District Court held the honorarium ban unconstitutional and enjoined the government from enforcing it. [1] The United States Court of Appeals for the District of Columbia Circuit affirmed the District Court's holding.
The National Treasury Employees Union (NTEU) is an independent labor union representing 150,000 employees of 31 departments and agencies of the United States government. The union specializes in representation of non-supervisory federal employees in every classification and pay level in civilian agencies.
The First Amendment to the United States Constitution prevents the government from making laws which respect an establishment of religion, prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the right to peaceably assemble, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The term "freedom of expression" is sometimes used synonymously but includes any act of seeking, receiving, and imparting information or ideas, regardless of the medium used.
Associate Justice John Paul Stevens authored the majority opinion. Citing the test put forward in Pickering v. Board of Education of Township High School District 205 , the Court found that the restriction put in place in Section 501(b) of the Act "constitutes a wholesale deterrent to a broad category of expression by a massive number of potential speakers" requiring an even greater burden than that put forward in Pickering. [2]
Associate Justice of the Supreme Court of the United States is the title of all members of the Supreme Court of the United States other than the Chief Justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of 1869.
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