ALABAMA EDUC. v. STATE SUPERINTENDENT OF EDUC.

Nos. 11-11266, 11-11267 and 11-12609.

665 F.3d 1234 (2011)

ALABAMA EDUCATION ASSOCIATION, an Alabama non-profit corporation, A-VOTE, an Alabama political committee, Pam Hill, Jeff Breece, Chassity Smith, et al., Plaintiffs-Appellees, v. STATE SUPERINTENDENT OF EDUCATION, State of Alabama, Chancellor of Postsecondary Education, State of Alabama, Attorney for Lee County, State of Alabama, Defendants-Appellants. Alabama Education Association, an Alabama non-profit corporation, A-VOTE, an Alabama political committee, Pam Hill, Jeff Breece, Chassity Smith, et al., Plaintiffs-Appellees, v. Governor of Alabama and President of the State School Board, Director of Finance, State of Alabama, Comptroller, State of Alabama, Defendants-Appellants. International Association of Firefighters, an unincorporated labor organization, FIREPAC, a political action committee, American Federation of Teachers Local 2115, et al., Plaintiffs-Appellees, v. Superintendent of Education, in his capacity as the Superintendent of Education of the State of Alabama, State of Alabama, Chancellor of Postsecondary Education, in her capacity as Chancellor of Postsecondary Education of the State of Alabama, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 23, 2011.


Attorney(s) appearing for the Case

Samuel Heldman , J. Cecil Gardner , The Gardner Firm, PC, Mobile, AL, Annary Cheatham , Cheatham & Associates, PLLC, Herman Watson, Jr. , Watson, McKinney & Artrip, LLP, Huntsville, AL, Philip A. Hostak , Alice O'Brien , Nat. Educ. Ass'n, Washington, DC, Robert D. Segall , Copeland, Franco, Screws & Gill, PA, Montgomery, AL, Edward Still , Edward Still Law Firm, LLC, Birmingham, AL, for Plaintiffs-Appellees Alabama Educ. Ass'n, A-VOTE, Pam Hill, Jeff Breece, Chassity Smith, et al.

Douglas L. Steele , Thomas A. Woodley , Megan K. Mechak , Woodley & McGillivary, Washington, DC, Leslie Jeanne Horton , Robert Moore Weaver , Quinn, Connor, Weaver, Davies & Rouco, LLP, Birmingham, AL, for Plaintiffs-Appellees Intern. Ass'n of Firefighters, FIREPAC, American Fed. of Teachers Local 2115, et al.

James W. Davis , Margaret L. Fleming , William Glenn Parker, Jr. , John Cowles Neiman, Jr. , Montgomery, AL, for Defendants-Appellants.

Prior report: N.D.Ala., .


DUBINA, Chief Judge:

This appeal comes to us following the district court's entry of a preliminary injunction preventing enforcement of Alabama Act No. 2010-761 (the "Act"). This Act would prohibit a state or local government employee from arranging "by payroll deduction or otherwise" the payment of any contribution to an organization that uses any portion of those contributions for "political activity." The district court found that the statute impinges on important...

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