Alabama Education Association, et al.v.State Superintendent Of Education, et al.
In No. 11-11266, the Alabama Education Association, A-VOTE, and several AEA members challenged Alabama Act No. 2010-761, which restricted public employees’ use of state-facilitated payments for political activity; their appeal was consolidated with two related challenges to the Act. The district court preliminarily enjoined enforcement as overbroad and vague. After the Alabama Supreme Court construed “or otherwise” to cover only state mechanisms and “political activity” to extend beyond electioneering, the Eleventh Circuit held that the challengers were unlikely to prevail on either facial claim. The state-court construction meant the Act did not reach protected private contributions, defeating overbreadth; because AEA and A-VOTE conceded that they engaged in electioneering covered by the Act, the challengers could not show that the provision was vague in all its applications. The court reversed the preliminary injunction and remanded for further proceedings, leaving less clear applications for as-applied challenges.
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