Full opinion text
MEMORANDUM OPINION LYNWOOD SMITH, District Judge. This case is before the court on plaintiffs’ “Motion for Preliminary Injunction or Restraining Order.” Upon consideration of the motion, pleadings, testimony, exhibits, briefs, oral arguments of counsel, and independent research, the court concludes that the motion is due to be granted, and a preliminary injunction entered. The reasons for that conclusion are set forth below. I. RELEVANT ALABAMA LAWS The Alabama Code directs city and county boards of education and some post-secondary institutions to adopt procedures that allow their employees to deduct voluntary contributions for, among other things, “membership dues.” The pertinent portion of the applicable statute states: Each local board of education and certain postsecondary institutions shall adopt policies or regulations which will provide for deductions from salaries of its employees or groups of employees whenever a request is presented to the board or postsecondary institution by the employees or groups. The deductions shall be made from salaries earned in at least nine different pay periods and shall be remitted to the appropriate company, association, or organization as specified by the employees within 10 days following each deduction. The deductions may be made for, but [are] not limited to, savings plans, tax sheltered annuities, the Public Employees’ Individual Retirement Account Fund, membership dues, voluntary contributions, and group insurance premiums. Deductions for membership dues and voluntary contributions shall be made based upon membership lists and forms provided by the employees’ organization. Such lists are to be corrected, updated, and returned to the employees’ designated organization(s) not later than November 10 of each school year. Ala.Code § 16-22-6(a) (1975) (2001 Replacement Vol.) (émphasis supplied). That statutory language, with amendments not pertinent to this discussion, has been a part of the corpus of Alabama law since at least 1973. Relatedly, Section 36-1-4.3 states: (a) The state Comptroller shall adopt statewide policies which provide for deductions from the salaries of state employees or groups of state employees whenever a request is presented to the state Comptroller by a group of participating state employees equal in number to at least 200 provided, however, that deductions being made- as of April 23, 1985, shall continue to be made. The deductions shall be made at least monthly and shall be remitted to the appropriate company, association, or organization as specified by the employees. The deductions may be made for membership dues, and voluntary contributions, and insurance premiums. Any deduction provided under the provisions of this section may be terminated upon two months’ notice in writing by a state employee to the appropriate company, association, or organization and to the appropriate payroll clerk or other appropriate officials as specified by the state Comptroller. (b) The state Comptroller may, at his discretion, collect from the deductions withheld a cost of administration fee not to exceed one-percent of the total deduction collected. Ala.Code § 36-1-4.3 (1975) (2001 Replacement Vol.) (emphasis supplied). Again, that statutory language, with amendments not pertinent to this case, has been a part of the corpus of Alabama law since at least 1985. Both of the foregoing statutes are tempered by Alabama Code § 17-17-5, which is located in a Chapter of the Code addressing “Election Offenses,” and which currently reads as follows: No person in the employment of the State of Alabama, a county, or a city whether classified or unclassified, shall use any state, county, or city funds, property or time, for any political activities. Any person who is in the employment of the State of Alabama, a county, or a city shall be on approved leave to engage in political action or the person shall be on personal time before or after work and on holidays. It shall be unlawful for any officer or employee to solicit any type of political campaign contributions from other employees who work for the officer or employee in a subordinate capacity. It shall also be unlawful for any officer or employee to coerce or attempt to coerce any subordinate employee to work in any capacity in any political campaign or cause. Any person who violates this section shall be guilty of the crime of trading in public office and upon conviction thereof, shall be fined or sentenced, or both, as provided by Section 13A-10-63. Ala.Code § 17-17-5 (1975) (2007 Replacement Vol.). The subject of this litigation is Alabama Act No. 2010-761 (sometimes referred to as either “Act No. 761” or, simply, “the Act”) “which was passed by the Alabama Legislature on December 15, 2010, and signed by then-outgoing Governor Robert Riley on December 20, 2010.” The Act is scheduled to take effect on Sunday, March 20, 2011, and it will amend the language of § 17-17-5 in the following manner: ENROLLED, An Act, To amend Section 17-17-5, Code of Alabama 1975, relating to prohibited political activities by state, county, and city employees; to further specifically prohibit employees of the state, a county, a city, a local school board, or other governmental agency from using any agency funds, property, or time arranging for payments by salary deduction, or otherwise, to a political action committee or dues for membership organizations that use funds for political activities. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Section 17-17-5, Code of Alabama 1975, is amended to read as follows: “§ 17-17-5. “(a) No person in the employment of the State of Alabama, a county, a city, a local school board, or any other governmental agency, whether classified or unclassified, shall use any state, county, city, local school board, or other governmental agency funds, property, or time, for any political activities. “(b) No person in the employment of the State of Alabama, a county, a city, a local school board, or any other governmental agency may arrange by salary deduction or otherwise for any payments to a political action committee or arrange by salary deduction or otherwise for any payments for the dues of any person so employed to a membership organization which uses any portion of the dues for political activity. For purposes of this subsection (b) only, political activity shall be limited to all of the following: “(1) 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. “(2) Engaging in or paying for public opinion polling. “(3) Engaging in or paying for any form of political communication, including communications which mention the name of a political candidate. “(4) Engaging in or paying for any type of political advertising in any medium. “(5) Phone calling for any political purpose. “(6) Distributing political literature of any type. “(7) Providing any type of in-kind help or support to or for a political candidate. “Any organization that requests the State of Alabama, a county, a city, a local school board, or any other governmental agency to arrange by salary deduction or otherwise for the collection of membership dues of persons employed by the State of Alabama, a county, a city, a local school board, or any other governmental agency shall certify to the appropriate governmental entity that none of the membership dues will be used for political activity. Thereafter, at the conclusion of each calendar year, each organization that has arranged for the collection of its membership dues of persons employed by the State of Alabama, a county, a city, a local school board, or any other governmental agency shall provide the appropriate governmental entity a detailed breakdown of the expenditure of the membership dues of persons employed by the State of Alabama, a county, a city, a local school board, or any other governmental agency collected by the governmental entity. Any organization that fails to provide the required certifications, that reports any expenditures for political activity or that files false information about political activity in any of its reports shall be permanently barred from arranging for the collection of its membership dues by any governmental entity. The Examiners of Public Accounts shall annually review a sample of at least ten percent of the certifications filed with each governmental entity and report its findings to the appropriate governmental entity. “(c) Any person who is in the employment of the State of Alabama, a county, a city, a local school board, the State Board of Education or any other governmental agency, shall be on approved leave to engage in political action or the person shall be on personal time before or after work and on holidays. It shall be unlawful for any officer or employee to solicit any type of political campaign co?itributions from other employees who work for the officer or employee in a subordinate capacity. It shall also be unlawful for any officer or employee to coerce or attempt to coerce any subordinate employee to work in any capacity in any political campaign or cause. Any person who violates this section shall be guilty of the crime of trading in public office and upon conviction thereof, shall be fined or sentence, or both, as provided by Section 13A-10-63.” Section 2. The provisions of this act are severable. If any part of this action is declared invalid or unconstitutional, that declaration shall not affect the part which remains. Section 3. All law or parts of laws which conflict with this act are repealed. Section 4. This act shall become effective 90 days following its passage and approval by the Governor or its otherwise becoming law. Alabama Act No. 2010-761 (emphasis supplied). II. THE ALLEGATIONS OF PLAINTIFFS’ COMPLAINT Plaintiffs challenge Act No. 2010-761 as violating the Free Speech and Free Association Clauses of the First Amendment to the United States Constitution, as well as the Equal Protection and Due Process Clauses of the Fourteenth Amendment. A. The Eight Plaintiffs 1. The Alabama Education Association ' Plaintiff Alabama Education Association (“AEA”) is a “voluntary membership organization” and Alabama non-profit corporation with approximately 105,000 members, of whom about 75,000 are active members, and the remainder are retired public school teachers and support personnel. AEA’s active membership consists of professional educators and education support personnel employed by the State of Alabama, the Department of Postsecondary Education (“DPE”), Alabama four-year colleges and universities, postsecondary institutions (two-year colleges and trade and vocational training schools) that function under the supervision of the DPE, and local boards of education. “AEA’s mission is to promote educational excellence, advocate for its members, and lead in the advancement of equitable and quality public education .for a. diverse population.” To advance this mission, “AEA advocates on an array of .issues that are of concern to its members, including questions relating to tax policy, pension and insurance issues, education funding, tenure protections for . education employees, school curriculum, and charter schools.” Dr. Paul R. Hubbert, Executive Secretary and Treasurer of the Alabama Education Association testified at the hearing conducted on March 15, 2011, and described some of the non-political services that the association provides its members, a. Teacher Credit Conferences Three to four times each year, AEA conducts instructional conferences for teachers to attend and gain “continuing education credits” towards the renewal or updating of their teaching certificates, something teachers must do under Alabama law. AEA pays for many of the conference instructors, arid generally incurs fifty to sixty thousand dollars in expenses for each conference. b. The Alabama Reading Initiative AEA’s membership provided the initial funding for the Alabama Reading Initiative, a statewide K-12 initiative managed by the State Department of Education. The goal of the program “is to significantly improve reading instruction and ultimately achieve 100% literacy among public school students. The Alabama Reading Initiative training for teachers helps them teach reading in proven and effective ways.” c. The English as a Second Language Program In response to the growing issue of non-English-speaking immigrants who are enrolled in Alabama public schools, AEA assembled several teachers who spoke Spanish sufficiently well to train educators to speak “common words that teachers would need to know when they’re dealing with Hispanic students who don’t speak a word of English.” AEA took the initiative in delivering such instruction to educators because, at the time, it was a “need that nobody else was fulfilling”; now, however, “the legislature is beginning ... to appropriate some money to help teachers with that problem.” d. Legal Services for AEA Members Legal services in such circumstances as described below are provided to the members of AEA under the association’s professional liability insurance program: A teacher that may have a lawsuit filed against them, for an example, would use our professional liability insurance. Or a teacher who feels that they’ve been unjustly accused of failing to perform adequately in the classroom, the state law provides for a due process hearing, and we provide the attorney for the teacher to be represented in those hearings. If there’s a certificate of revocation involved, we provide an attorney for the teacher to have in case of someone wishing to withdraw their certificate. The state superintendent, for example, may withhold a certificate under certain conditions: and we provide legal counsel for that teacher. The AEA also hosts conferences for AEA attorneys, “to discuss cases that have occurred and to bring each other up to date.” e. Alabama Education Retirees Association The AEA maintains this division, which actively represents “the interests of retired personnel, particularly as it relates to health insurance....” f. Educator Benefits Corporation The Educator Benefits Corporation is a wholly-owned subsidiary of AEA that exists for the purpose of allowing AEA members to have access to insurance and financial savings programs. The corporation deals with “very close to two dozen” independent insurance companies, and provides a number of benefit options to active and retired AEA members, including cancer, life, long-term care, critical care, and automobile insurance policies. g. Public opinion polling AEA also engages in public-opinion polling, and not just for political purposes, but also for such objectives as the following: [W]e survey for school boards running tax referenda, trying to raise revenues' for the local school district. We survey parents oftentimes to see if they’re satisfied with the way the school district is being operated. We survey our own members to see if there are programs that they feel the need for that we’re not providing. We survey retired members for the same purposes. 2. A-VOTE Plaintiff “A-VOTE” — an acronym standing for “Alabama Voice of Teachers for Education” — is a political action committee affiliated with AEA. AEA sponsors A-VOTE as “a vehicle for members who wish to support candidates whose positions are consistent with AEA’s missions and goals” AEA members who contribute to A-VOTE have the “opportunity to participate in the electoral process and to support and elect candidates of their choice.” According to the complaint, for the past few decades the “vast majority” of AEA members have executed voluntary requests to have their AEA membership dues, as well as their voluntary contributions to A-VOTE, automatically deducted from their paychecks. 3. The six individual plaintiffs Plaintiff Pam Hill is an education support professional employed by the Huntsville City Board of Education. Plaintiff Dr. Cathey McNeal, Ph.D., is a professional educator employed by the Huntsville City Board of Education. Plaintiff Chassity Smith is a professional educator employed by the City of Madison Board of Education. Plaintiff Jeff Breece is a professional educator employed by the Madison County Board of Education. Plaintiff Dorothy J. Strickland is a professional educator employed by the Lee County School District. Plaintiff Ronald Slaughter is a professional educator employed' by Aabama Agricultural & Mechanical University. A1 of the individual plaintiffs are AEA members. For several years, plaintiffs Hill, McNeal, Smith, and Breece have each paid their AEA membership dues and made voluntary contributions to A-VOTE by means of payroll deductions administered by their respective employers, because doing so “is the most convenient and efficient way to make these voluntary payments.” Hill, McNeal, Smith, and Breece desire to continue paying AEA dues and making AVÓTE contributions, but they fear prosecution if they continue to do so by means of payroll deduction after the effective date of Act No. 761. For several years, plaintiffs Strickland and Slaughter have paid their AEA membership dues and made A-VOTE contributions in cash. They both fear prosecution if they continue to pay AEA membership dues and make A-VOTE contributions in cash, because they believe “the Act can be read to prohibit public employees from arranging for the payment, by any means, of PAC contributions or membership dues to an organization that uses such dues for political activity.” B. The Ten Defendants 1. The Governor Defendant Dr. Robert Bentley, M.D., is sued in his official capacity as the Governor of Alabama and President of the State Board of Education. In those roles, he is responsible for ensuring that all state laws be faithfully executed, and for controlling and supervising Alabama’s public schools. 2. The State Superintendent of Education Defendant Joseph B. Morton is sued in his official capacity as the State Superintendent of Education. In that capacity, Defendant Morton is the Chief School Officer in the State of Alabama, responsible for explaining the meaning and intent of laws relating to public schools, deciding all controversies and disputes involving the proper administration of the public school system, and reviewing actions and orders of county and city boards of education and of county superintendents of education and city superintendents of schools in matters relating to finance. See Ala. Code §§ 16-4-4, 16-4-8. Pursuant to these responsibilities, Defendant Morton sought guidance from the Alabama Attorney General on the implementation and enforcement of the Act, and, pursuant to that guidance, directed that City and County Superintendents “take the necessary steps to end the deduction of membership dues after issuing the February [2011] paychecks.” Accordingly, plaintiffs assert, “Morton has a key role in implementing and enforcing the Act’s prohibitions and restrictions on payroll deductions with respect to Alabama public schools.” 3. The State Comptroller Defendant Thomas L. White, Jr., is sued in his official capacity as Comptroller of the State of Alabama. In that capacity, Defendant White directs, supervises, and controls the Finance Department’s Division of Control and Accounts, which in turn is responsible for keeping all books, records, and accounts relating to the finances of State government as well as controlling and making records of all payments into and out of the State treasury and each special fund and account therein. See Ala. Code §§ 41-4-50, 41-4-51. According to plaintiffs, White is “responsible for the administration of deductions from state employees’ pay and therefore has a key role in implementing and enforcing the payroll deduction prohibitions and restrictions of the Act.” 4. The Finance Director Defendant David Perry is sued in his official capacity as Director of Finance for the State of Alabama. In that capacity, “Perry is the chief financial officer of the state and is responsible for the administration of the Department of Finance.” According to plaintiffs, Perry “is responsible for statewide policies governing payroll deductions by state employers and therefore has a key role in implementing and enforcing the payroll deduction prohibitions and restrictions of the Act.” 5. The Chancellor of Postsecondary Education Defendant Freída Hill is sued in her official capacity as Chancellor of Postsecondary Education. In that capacity, “Hill directs and supervises the administration of the Alabama Community College System, including the administration of deductions from the pay of Alabama Community College employees.” Thus, according to plaintiffs, “Hill has a key role in implementing and enforcing the Act’s prohibitions and restrictions on payroll deduction in the Alabama Community College System.” 6. The City and County Boards of Education Defendants Huntsville City Board of Education, City of Madison Board of Education, and Madison County Board of Education “administer! ] and manage[ ] the public schools” within their respective jurisdictions, including administering and managing deductions from the pay of their employees. According to plaintiffs, these Boards of Education are “responsible for implementing and enforcing the payroll deduction prohibitions and restrictions of the Act.” 7. The District Attorneys Defendants Robert L. Broussard and Robert T. Treese III are sued in their official capacities as the District Attorneys for Madison County and Lee County, respectively. In those capacities, Broussard and Treese are “charged with the duty of enforcing the criminal provisions of the Act” within their respective jurisdictions. C. Alleged Political Motivations Behind Act No. 2010-761 Plaintiffs allege that AEA often clashed with the Republican administration of former Alabama Governor Bob Riley, who served from 2003 to 2011. “For example, although AEA and A-VOTE have supported Democratic and Republican candidates over the years, both have supported Democratic candidates more frequently than Republican ones.” 35. [Additionally,] in 2007, AEA vocally opposed Riley’s recommended appointment of Bradley Byrne to the post of Chancellor of DPE [the Department of Postsecondary Education], In late 2009 and early 2010, Governor Riley criticized AEA for its opposition to legislation authorizing charter schools. And, in 2010, AEA and Riley clashed over a State Board of Education policy prohibiting two-year college system employees from serving in the state legislature. Riley (then serving as both Governor of Alabama and ex officio President of the State Board of Education) and Bradley Byrne (whom Riley had appointed to be Chancellor of DPE) both supported the policy. AEA vocally opposed that policy, and brought a lawsuit to invalidate it. 36. AEA’s positions on political issues also have been strongly criticized by Bradley Byrne, who, with Riley’s endorsement, ran unsuccessfully for the Republican gubernatorial nomination in 2010. 37. AEA and Byrne had taken opposing positions on numerous issues while Byrne was a state senator and, later, Chancellor of DPE. For instance, in 2004, then-State Senator Byrne launched a filibuster against a teacher tenure bill supported by AEA, and AEA vocally and successfully lobbied for cloture votes to end Byrne’s filibuster. As noted in ¶ 35 above, in 2010, then-Chancellor of DPE Byrne supported a State Board of Education policy prohibiting two-year college employees from serving in the legislature, a policy that AEA vociferously opposed. 38. During his gubernatorial campaign, Byrne attacked AEA as “the single greatest impediment to quality education in this state,” and as “standing] for the worst” in the teaching profession. 39. During the Republican primary campaign, AEA opposed Byrne and supported his opponent, who won the nomination. Riley, on the other hand, endorsed Byrne. Both Riley and Byrne publicly expressed their opposition to AEA’s playing any role in the Republican primary by way of, for example, Byrne’s statement on October 6, 2009 that “AEA money isn’t welcome in the Republican primary,” and Riley’s statement on June 26, 2010 that “we do not support the AEA and we don’t want ‘em in our primary and we don’t want anyone that wants ‘em in our primary.” 40. On June 28, 2010 — two days after Governor Riley stated his desire that AEA stay out of the Republication primary — Alabama Comptroller Thomas White announced to all state departments, agencies and personnel officers that, “Payroll deductions for Political Action Committees (PACs) will no longer be withheld from employees’ pay effective July 1, 2010.” Comptroller White subsequently amended the Fiscal Policy and Procedures Manual — which had expressly authorized payroll deductions for PAC contributions — to omit any mention of PACs as recipients of voluntary contributions. The Comptroller purported to have come to the view that, even though such requests had been honored and effectuated for decades, longstanding statutory authority— in particular, the provision of Ala.Code § 17-17-5 prohibiting public employees from “using any state, county, or city funds, property, or time, for any political activities” — made it unlawful for the State to comply with such payroll deduction requests. 41. In a subsequent press release, then-Governor Riley explained that the Comptroller’s actions regarding payroll deduction were due to his administration, stating that “the Riley administration stopped payroll deductions.... ” 42. Commenting on the Comptroller’s actions, the editorial board of the Birmingham News reported that “Riley is ... on the warpath against state employees’ groups.” Birmingham News Editorial Board, “Our View: Riley’s administration Ends State Employees’ Payroll Deductions for Political Purposes,” Birmingham News (Sept. 6, 2010), available at.... On November 2, 2010, a majority-Republican state legislature was elected. The members of the Republican majority included many individuals AEA and A-VOTE had either failed to support, or actively opposed during the election. The newly-elected legislature was not scheduled to meet in regular session until March of 2011, but, on December 1, 2010, outgoing-Governor Riley called a special session of the legislature to address an “ethics reform” package of proposed legislation. One part of the package was the bill enacted as Act No. 761. Plaintiffs allege, “on information and belief,” that Bradley Byrne participated in drafting the legislation and lobbied heavily for its adoption They also allege, “on information and belief,” that “a majority of the members of the new legislature shared then-Governor Riley’s antipathy toward the political activities of AEA and A-VOTE, and/or were recruited by then-Governor Riley and/or his supporters to support the Riley administration’s campaign against those activities through legislation.” D. Alleged Effects of the Act Plaintiffs allege that public employers in Alabama establish payroll deduction systems for purposes other than political activity, including, but not limited to, federal and state income tax withholdings, health and life insurance premium payments, retirement contributions, and charitable contributions, and that the additional cost of administering payroll deductions for employee membership dues and voluntary political action committee contributions is de minimus. In contrast, if AEA and A~ VOTE become unable to collect membership dues and voluntary contributions through payroll deductions, they will suffer significant reductions in revenue. AEA also believes that it will suffer loss of membership if its members fear that paying the required membership dues by any means whatsoever — ie., “by payroll deduction or otherwise” — could lead to their arrest and prosecution. Significantly, even under the constrictions of the Act, public funds may be used to pay dues to membership organizations that are comprised of government bodies rather than individual employees. Furthermore, and regardless of the constrictions of the Act, public employers may process payroll deductions for employee payments to other membership organizations, such as charities, mutual insurance companies, credit unions, and fraternal organizations (such as the Fraternal Order of Police), but only so long as those payments are not in the nature of “dues,” and despite the fact that “such organizations engage in activity that is ‘political’ within the meaning of the Act.” E. Plaintiffs’ Claims 1. First Amendment Plaintiffs first claim that the Act violates the Free Speech and Free Association Clauses of the First Amendment. Their First Amendment argument is two-fold. First, plaintiffs assert that, by prohibiting payroll deductions for public-employee political action committee contributions and dues payments to membership organizations that use the dues for “political activity,” but not prohibiting payroll deductions for payments to other types of organizations or for other purposes, the Act constitutes unlawful viewpoint discrimination. Secondly, plaintiffs assert that the Act places “unconstitutional conditions” on the ability of public employee organizations to enjoy the benefit of collecting dues through payroll deduction. 2. Equal Protection Plaintiffs also assert, briefly, that “[t]he Act’s differential treatment of public employee organizations, as detailed in ¶¶ 85-87, violates the equal protection clause of the Fourteenth Amendment to the United States Constitution as the differential treatment is not justified by a legitimate state interest, let alone by an important or compelling interest.” Paragraphs 85-87 of the Complaint describe: (1) how the Act only reaches dues paid by public employees, not dues paid to membership organizations comprising government entities, or payments to charities, credit unions, or mutual insurance companies; (2) how the conditions imposed by the Act on payroll deductions for the payment of dues to employee organizations like AEA are far more restrictive than the conditions placed on other organizations that engage in comparable uses of public resources; and (3) how even organizations that engage in “political activity” can use public resources for “non-political” purposes, without having to submit to any certification or year-end accounting requirements. 3. Due Process Finally, plaintiffs claim that the Act is void for vagueness because its definition of the phrase “political activity” is vague, and because the Act prohibits public employees from arranging to pay dues or contribute to a political action committee by salary deduction “or otherwise.” 4. Relief requested As relief for their claims, plaintiffs request this court to: a. Enter a declaratory judgment that the Act violates the rights of Plaintiffs under the First and Fourteenth Amendments; b. Enter an order enjoining defendants, their successors, and all those acting in concert with them or at their direction from implementing or enforcing the Act; c. Award Plaintiffs attorneys’ fees and costs pursuant to 42 U.S.C. § 1988; and d. Grant such other and further relief as may be necessary to restore the status quo ante. 5. The constitutional context of plaintiffs’ claims for relief The first ten amendments to the United States Constitution were ratified in 1791, and one through eight of those address the rights, liberties, and freedoms that we generally refer to as the “Bill of Rights.” The five civil rights that most closely mirror the motivations of those English-speaking peoples who originally settled the eastern seaboard of North America, and which constituted the bedrock ideological foundations of the American Revolution, are enshrined in the First Amendment: ie., the freedoms of religion, speech, press, assembly, and petition. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. U.S. Const, amend. I (1791). It is axiomatic as a matter of history and original intent that the Framers intended for the first ten amendments to act as restraints only upon the exercise of power by the new, National government, and not the various states. See, e.g., Barron v. Baltimore, 32 U.S. (7 Pet.) 243, 8 L.Ed. 672 (1833) (Marshall, C.J., unanimous opinion) (holding that the first eight amendments “demanded security against the apprehended encroachments of the general government — not against those of the local governments”). Unlike the Bill of Rights, however, the Fourteenth Amendment, adopted in the wake of the Civil War as the principal component of Congressional “Reconstruction” of the Union, was restrictive of the exercise of power by state governments. The Due Process Clause of that Amendment provides that “No State shall ... deprive any person of life, liberty, or property, without due process of law....” U.S. Const, amend. XIV, § 1(1868). In 1908, the Supreme Court recognized the possibility that some of the personal rights protected by the first eight amendments might also be “incorporated” into the Fourteenth Amendment and, thereby, made applicable to state and local governments, “because a denial of them would be a denial of due process of law....” Twining v. New Jersey, 211 U.S. 78, 99, 29 S.Ct. 14, 53 L.Ed. 97 (1908). Beginning in 1925, the Supreme Court held in a variety of cases that some of the individual rights protected by the Bill of Rights are also protected against interference by the states through “incorporation” into the Fourteenth Amendment’s Due Process Clause. See Gitlow v. New York, 268 U.S. 652, 45 S.Ct. 625, 69 L.Ed. 1138 (1925). The freedoms of speech and press were the first two rights to be “incorporated” and, thereby, made applicable to state governments. Id. at 666, 45 S.Ct. 625 (stating in dicta that, for “present purposes we may and do assume that freedom of speech and of the press — which are protected by the First Amendment from abridgement by Congress — are among the fundamental personal rights and ‘liberties’ protected by the due process clause of the Fourteenth Amendment from impairment by the States”). Even though the First Amendment is written in absolutist language — i.e., “Congress [and, by extension, state legislatures] shall make no law ” — the Supreme Court has never accepted the view that the First Amendment- prohibits all government regulation of expression. Thus, it is inevitable that courts must engage in line-drawing when determining just what kind of speech will be protected under the First Amendment. Of all of the categories of “speech” that can be discerned, there is no disagreement over the proposition that “political speech” lies at the core of whatever forms of expression are protected by the First Amendment. Indeed, in a case arising out of Alabama during the most contentious political environment of the Twentieth Century, the Supreme Court declared the ability to criticize government and governmental officers as “the central meaning of the First Amendment.” New York Times v. Sullivan, 376 U.S. 254, 273, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964). It is against this historical and constitutional backdrop that plaintiffs’ claims must be evaluated. That inquiry is, to say the very least, “complex.” III. THE STANDARDS FOR ENTRY OF TEMPORARY OR PRELIMINARY INJUNCTIVE RELIEF Parties seeking either a temporary restraining order or preliminary injunctive relief generally are required to satisfy four prerequisites: the moving parties must demonstrate (1) a substantial likelihood of success on the merits of the underlying case, (2) the movant will suffer irreparable harm in the absence of an injunction, (3) the harm suffered by the movant in the absence of an injunction would exceed the harm suffered by the opposing party if the injunction issued, and (4) an injunction would not disserve the public interest. North American Medical Corp. v. Axiom Worldwide, Inc., 522 F.3d 1211, 1217 (11th Cir.2008). See also, e.g., Grizzle v. Kemp, 634 F.3d 1314, 1319-20 (11th Cir.2011) (same); McDonald’s Corp. v. Robertson, 147 F.3d 1301, 1306 (11th Cir.1998) (same); Northeastern Florida Chapter of the Association of General Contractors of America v. City of Jacksonville, 896 F.2d 1283, 1284 (11th Cir.1990) (same). See generally 11A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure-Civil 2d § 2948, at 131-33 (2d ed. 1995). “The purpose of the preliminary injunction is to preserve the positions of the parties as best we can until a trial on the merits may be held.” Bloedorn v. Grabe, 631 F.3d 1218, 1229 (11th Cir.2011). It is not necessary for parties seeking temporary or preliminary injunctive relief to show that they are certain to succeed on the merits. See Johnson v. United States Department of Agriculture, 734 F.2d 774, 782 (11th Cir.1984);. 11A Wright, Miller & Kane, Federal Practice and Procedure — Civil 2d § 2948.3, at 188 & n. 5 (2d ed. 1995). Rather, in light of the underlying rationales of both temporary restraining orders and preliminary injunctions, the moving parties simply must show a “substantial likelihood” of succeeding after a trial on the merits. Given th[e] limited purpose [of a preliminary injunction, namely preserving the relative positions of the parties in advance of a trial], and given the haste that is often necessary if those positions are to be preserved, a preliminary injunction is customarily granted on the basis of procedures that are less formal and evidence that is less complete than in a trial on the merits. A party thus is not required to prove his case in full at a preliminary-injunction hearing, ... and the findings of fact and conclusions of law made by a court granting a preliminary injunction are not binding at trial on the merits. University of Texas v. Camenisch, 451 U.S. 390, 394, 101 S.Ct. 1830, 68 L.Ed.2d 175 (1981) (alterations supplied). “If [the plaintiff] is unable to show a substantial likelihood of success on the merits, [the court] need not consider the other requirements.” Bloedorn, 631 F.3d at 1229. Likewise, in the context of certain asserted abridgements of rights granted under the United States Constitution, the mirror image of this analytical rule-of-thumb is equally true. That is, where certain constitutional violations are claimed, including alleged violations of First Amendment rights, the irreparable injury, balance of the harms, and public interest inquiries collapse into the single question of whether the moving parties have established a substantial likelihood that they will ultimately prove the existence of the constitutional violation alleged. Defendants are certainly correct to note that the mere assertion by plaintiffs of claims under the First Amendment does not inexorably satisfy the other elemental prerequisites for issuance of temporary or preliminary injunctive relief. Even so, the Eleventh Circuit has repeatedly held that harms to speech rights “ ‘for even minimal periods of time, unquestionably constitute[ ] irreparable injury’” supporting preliminary relief. [Florida Businessmen for Free Enterprise v. City of Hollywood, 648 F.2d 956,] 958 [ (5th Cir.1981) ] (quoting Elrod v. Burns, 427 U.S. 347, 373, 96 S.Ct. 2673, 2690, 49 L.Ed.2d 547 (1976)); see also KH Outdoor, LLC v. City of Trussville, 458 F.3d 1261, 1271-72 (11th Cir.2006); Let’s Help Fla. v. McCrary, 621 F.2d 195, 199 (5th Cir.1980). “The rationale behind these decisions [is] that chilled free speech ..., because of [its] intangible nature, could not be compensated for by monetary damages; in other words, plaintiffs could not be made whole.” [Northeastern Florida Chapter of the Association of General Contractors of America v. City of Jacksonville, Florida], 896 F.2d 1283, 1285 (11th Cir. 1990). Scott v. Roberts, 612 F.3d 1279, 1295 (11th Cir.2010) (textual alterations and omissions in original). Hence, if plaintiffs can demonstrate they are substantially likely to show the statute they challenge to be substantially overbroad or vague in a fashion that would inevitably chill speech, that would necessarily satisfy their burden to demonstrate irreparable harm. Further, “even a temporary infringement of First Amendment rights constitutes a serious and substantial injury, and the [government] has no legitimate interest in enforcing an unconstitutional ordinance.” KH Outdoor, LLC, 458 F.3d at 1272. Thus, where a plaintiff establishes a substantial likelihood that First Amendment rights will be significantly impacted, the question of “whether the harm that the applicant [for preliminary relief] will likely suffer outweighs the harm that its opponent will suffer as a result of an injunction” inevitably favors the grant of preliminary relief: the government’s inability to enforce a statute substantially likely to be held unconstitutional during the pendency of the challenge could not possibly outweigh the “serious and substantial injury” to the plaintiff. Scott, 612 F.3d at 1295 (alterations supplied). “For similar reasons, [an] injunction plainly is not adverse to the public interest. The public has no interest in enforcing an unconstitutional ordinance.” Id. (alterations and emphasis supplied) (citing Joelner v. Village of Washington Park, 378 F.3d 613, 620 (7th Cir.2004) (“[T]here can be no irreparable harm to a municipality when it is prevented from enforcing an unconstitutional statute because it is always in the public interest to protect First Amendment liberties.” (internal quotation marks omitted))). See also, e.g., Florida Businessmen for Free Enterprise v. City of Hollywood, 648 F.2d 956, 959 (5th Cir.1981) (stating that “[t]he public interest does not support the city’s expenditure of time, money, and effort in attempting to enforce an ordinance that may well be held unconstitutional”); Planned Parenthood Association of Cincinnati, Inc. v. City of Cincinnati, 822 F.2d 1390, 1400 (6th Cir.1987) (stating that the public’s interest is in “prevention of enforcement of ordinances which may be unconstitutional”). In this action, plaintiffs have lodged a series of attacks on Act No. 761 premised upon its alleged infringement on the expressive and associational rights of public employees, public employee organizations, and public employee-focused political action committees by the imposition of unconstitutional conditions upon the grant of a valuable benefit. Additionally, plaintiffs assert a claim based upon the vague language of the statute that, in most respects is, as defendants correctly state, “really more of an overbreadth argument than a vagueness argument....” These challenges to Act No. 761 are the sole bases upon which they seek temporary or preliminary injunctive relief. Both of these challenges raise questions about whether the Act will effectively silence some speech altogether, or cause other speakers to self-censor. Accordingly, the question of whether a temporary or preliminary injunction is due to be granted rests solely upon a determination of the issue of whether plaintiffs have carried their burden of demonstrating that they are substantially likely to succeed on the merits of these two claims. IV. PLAINTIFFS’ CONSTITUTIONAL CHALLENGES Upon first reading of the Alabama Act at issue here — a statute that plainly addresses and proscribes certain forms of “political speech” — it appeared that this court’s analytical task would be an easy one. As a result of the Supreme Court’s decision in Ysursa v. Pocatello Education Association, 555 U.S. 353, 129 S.Ct. 1093, 172 L.Ed.2d 770 (2009), however, nothing can be farther from the truth. In essence, Ysursa held that an Idaho statute prohibiting governmental employees from deducting money from their paychecks for union political activities did not violate the First Amendment. As the Court explained, “[t]he question is whether the State must affirmatively assist political speech by allowing public employers to administer payroll deductions for political activities. For the reasons set. forth in this opinion, the answer is no.” Id. at 1101 (Roberts, C.J., majority opinion). More precisely, prior to 2003, Idaho law permitted private, state, and local governmental employees to direct their employers to withhold from the employee’s salary or wages “both a payroll deduction for general union dues and a payroll deduction for union political activities conducted through a political action committee.” Ysursa, 129 S.Ct. at 1096 (emphasis supplied). In 2003, however, the Idaho state legislature enacted a so-called “Voluntary Contributions Act” that, in part, prohibited payroll deductions earmarked for a union’s “political activities.” The statute defined the term “political activities” as meaning “electoral activities, independent expenditures, or expenditures made to any candidate, political party, political action committee or political issues committee or in support of or against any ballot measure.” Id. Following the enactment of Idaho’s Voluntary Contributions Act (“VCA”), but pri- or to its effective date, unions representing both private and public employees filed suit against state officials seeking to enjoin enforcement of the Act. The district court partially invalidated the statute, striking down its application to private and local-governmental employees. See Pocatello Education Ass’n v. Heideman, No. CV-03-0256-E-BLW, 2005 WL 3241745 (D.Idaho Nov. 23, 2005). Idaho’s Secretary of State and Attorney General appealed the district court’s decision, arguing only that the VCA was constitutional as applied to local government employees; in other words, neither party appealed the district court’s conclusion that the Act was constitutional as applied to payroll deductions by state employees that were earmarked for political activities. See Ysursa, 129 S.Ct. at 1097. The Ninth Circuit affirmed the district court’s ruling. See Pocatello Education Ass’n v. Heideman, 504 F.3d 1053 (9th Cir.2007). The Supreme Court reversed. In writing for the majority, Chief Justice Roberts said that Idaho’s Voluntary Contributions Act was a relatively straightforward case of government refraining from subsidizing certain speech. See Ysursa, 129 S.Ct. at 1096. The majority admitted that government is forbidden to abridge the ability of groups to engage in political speech, but held that the State was “not required to assist others in funding the expression of particular ideas, including political ones.” Id. at 1098. Further, “the State is not constitutionally obligated to provide payroll deductions at all.” Id. As a consequence, the State’s decision to cease payroll deductions for “political activities” was “not an abridgment of the unions’ speech; they are free to engage in such speech as they see fit. They simply are bar¡-ed from enlisting the State in support of that endeavor.” Id. (emphasis supplied). Restrictions on speech based on its content are “presumptively invalid” and subject to strict scrutiny. Davenport v. Washington Ed. Assn., 551 U.S. 177, 188, 127 S.Ct. 2372, 168 L.Ed.2d 71 (2007); R.A.V. v. St. Paul 505 U.S. 377, 382, 112 S.Ct. 2538, 120 L.Ed.2d 305 (1992). The unions assert that the ban on checkoffs for political activities falls into this category because the law singles out political speech for disfavored treatment. The First Amendment, however, protects the right to be free from government abridgment of speech. WMe in some contexts the government must accommodate expression, it is not required to assist others in funding the expression of particular ideas, including political ones. “[A] legislature’s decision not to subsidize the exercise of a fundamental right does not infringe the right, and thus is not subject to strict scrutiny.” Regan v. Taxation With Representation of Wash., 461 U.S. 540, 549, 103 S.Ct. 1997, 76 L.Ed.2d 129 (1983); cf. Smith v. Highway Employees, 441 U.S. 463, 465, 99 S.Ct. 1826, 60 L.Ed.2d 360 (1979) (per curiam) (“First Amendment does not impose any affirmative obligation on the government to listen, to respond or, in this context, to recognize [a labor] association and bargain with it”). The court below concluded, and Idaho does not dispute, that “unions face substantial difficulties in collecting funds for political speech without using payroll deductions.” 504 F.3d, at 1058. But the parties agree that the State is not constitutionally obligated to provide payroll deductions at all. See Plaintiffs’ Reply Memorandum 10; see also Toledo Area AFL-CIO Council v. Pizza, 154 F.3d 307, 319-320 (C.A.6 1998); cf. Charlotte v. Firefighters, 426 U.S. 283, 286, 96 S.Ct. 2036, 48 L.Ed.2d 636 (1976) (“Court would reject ... contention ... that respondents’ status as union members or their interest in obtaining a dues checkoff ... entitle[s] them to special treatment under the Equal Protection Clause”). While publicly administered payroll deductions for political purposes can enhance the unions’ exercise of First Amendment rights, Idaho is under no obligation to aid the unions in their political activities. And the State’s decision not to do so is not an abridgment of the unions’ speech; they are free to engage in such speech as they see fit. They simply are barred from enlisting the State in support of that endeavor. Idaho’s decision to limit public employer payroll deductions as it has “is not subject to strict scrutiny” under the First Amendment. Regan, 461 U.S. at 549, 103 S.Ct. 1997. Ysursa, 129 S.Ct. at 1098 (emphasis added). Having thus classified the Idaho prohibition on payroll deductions earmarked for a union’s “political activities” as a refusal to “promote,” or “affirmatively assist political speech,” rather than as “suppression of’ First-Amendmenh-protected political-speech, the majority opinion held that “the State need only demonstrate a rational basis to justify the ban on political payroll deductions.” Id. (emphasis supplied) (citing Regan v. Taxation with Representation of Washington, 461 U.S. 540, 546-51, 103 S.Ct. 1997, 76 L.Ed.2d 129 (1983)). The Court found such a foundation in the State’s interest in avoiding the reality or appearance of government favoritism or entanglement with partisan politics.....Banning payroll deductions for political speech similarly furthers the government’s interest in distinguishing between internal governmental operations and private speech. Idaho’s decision to allow payroll deductions for some purposes but not for political activities is plainly reasonable. Id. at 1098-99 (citations omitted); see also id. at 1100 (“The ban on political payroll deductions furthers Idaho’s interest in separating the operation of government from partisan politics. That interest extends to all public employers at whatever level of government.”). A. Comparison of Act No. 761 to the Idaho Statute The Alabama Act at issue here is markedly different from the Idaho statute addressed in Ysursa. In contrast to Idaho’s statutory scheme — which “allow[s] payroll deductions for some purposes [e.g., “a payroll deduction for general union dues ”] but not for political activities” — the Alabama Act goes far beyond simply banning payroll deductions for “payments to a political action committee,” or (as in Idaho’s case) banning “deductions for political activities.” Instead, the Alabama Act prohibits payroll deductions “for the dues of any person” employed by any governmental agency within the State of Alabama “to a membership organization which uses any portion of the dues for political activity,” a term that is very broadly defined indeed, especially when its expansiveness is compared to the Idaho statute’s definition of the same term. Furthermore, even though the prefatory sentence of sub-section (b) of Act No. 2010-761 appears to focus, as in the case of Idaho’s Voluntary Contributions Act, upon state governmental employees, from whose wages, earnings, or compensation deductions are made for various purposes at the request of the governmental employee, the Alabama Act actually is squarely aimed at a different, non-governmental, actor or speaker altogether, as is made clear by the concluding sentences of subsection (b): Any organization that requests the State of Alabama, a county, a city, a local school board, or any other governmental agency to arrange by salary deduction or otherwise for the collection of membership dues of persons employed by the State of Alabama, a county, a city, a local school board, or any other governmental agency shall certify to the appropriate governmental entity that none of the membership dues will be used for political activity. Thereafter, at the conclusion of each calendar year, each organization that has arranged for the collection of its membership dues of persons employed by the State of Alabama, a county, a city, a local school board, or any other governmental agency shall provide the appropriate governmental entity a detailed breakdoum of the expenditure of the membership dues of persons employed by the State of Alabama, a county, a city, a local school board, or any other governmental agency collected by the governmental entity. Any organization that fails to provide the required certifications, that reports any expenditures for political activity or that files false information about political activity in any of its reports shall be permanently barred from arranging for the collection of its membership dues by any governmental entity. The Examiners of Public Accounts shall annually review a sample of at least ten percent of the certifications filed with each governmental entity and report its findings to the appropriate governmental entity. Alabama Act No. 2010-761, sub-section (b) (all emphasis supplied). For that reason, it clearly appears to this court that Act No. 761 actually seeks to regulate the political activities of the Alabama Education Association — a nongovernmental, associational entity whose political speech and political activities the State has no constitutional power or authority to directly regulate. That perception leads to the following discussion. B. The Doctrine of Unconstitutional Conditions It has been argued, and this court has considered, whether Act No. 761 violates the doctrine of “unconstitutional conditions.” Under that doctrine, “ ‘the government may not deny a benefit to a person on a basis that infringes his constitutionally protected ... freedom of speech even if he has no entitlement to that benefit.’ ” Rumsfeld v. Forum for Academic and Institutional Rights, Inc., 547 U.S. 47, 59, 126 S.Ct. 1297, 164 L.Ed.2d 156 (2006) (quoting United States v. American Library Association., Inc., 539 U.S. 194, 210, 123 S.Ct. 2297, 156 L.Ed.2d 221 (2003) (in turn quoting Board of Commissioners, Wabaunsee County v. Umbehr, 518 U.S. 668, 674, 116 S.Ct. 2342, 135 L.Ed.2d 843 (1996))). As the Eleventh Circuit recently stated in Johnston v. Tampa Sports Authority, 530 F.3d 1320 (11th Cir.2008), “ ‘[t]he doctrine of unconstitutional conditions prohibits terminating benefits, though not classified as entitlements, if the termination is based on motivations that other constitutional provisions proscribe.’ ” Id. at 1329 (quoting Adams v. James, 784 F.2d 1077, 1080 (11th Cir.1986)) (emphasis supplied). Further, the Supreme Court observed in Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972), that: For at least a quarter-century, this Court has made clear that even though a person has no ‘right’ to a valuable governmental benefit and even though the government may deny him the benefit for any number of reasons, there are some reasons upon which the government may not rely. It may not deny a benefit to a person on a basis that infringes his constitutionally protected interests — especially, his interest in freedom of speech. For if the government could deny a benefit to a person because of his constitutionally protected speech or associations, his exercise of those freedoms would in effect be penalized and inhibited. This would allow the government to “produce a result which [it] could not command directly.” Speiser v. Randall, 357 U.S. 513, 526, 78 S.Ct. 1332, 1342, 2 L.Ed.2d 1460. Such interference with constitutional rights is impermissible. Perry v. Sindermann, 408 U.S. at 597, 92 S.Ct. 2694 (emphasis supplied, alteration in original). Here, Act No. 761 can be read as offering to confer a benefit upon AEA (i.e., access to the payroll systems of governmental employers for the purpose of deducting dues from the paychecks of the association’s members), but only upon the basis of conditions (e.g., AEA must refrain from engaging in political activity, and annually jump through elaborate audit hoops to demonstrate compliance with that mandate): conditions that, if directly imposed upon the beneficiary by legislation, would be unconstitutional. Stated differently, the State of Alabama could not have constitutionally implemented a statute directly prohibiting the AEA from engaging in the seven categories of political activities enumerated in sub-section (b) of Act No. 761. Even so, the State appears to be attempting to utilize Act No. 761 as a tool to indirectly produce that result. “Such interference with constitutional rights is impermissible.” Perry, 408 U.S. at 597, 92 S.Ct. 2694 (quoting Speiser, 357 U.S. at 526, 78 S.Ct. 1332). As the Governor’s attorney argued during the March 15, 2011 hearing before this court, however, the Supreme Court’s decision in Regan v. Taxation With Representation of Washington, 461 U.S. 540, 103 S.Ct. 1997, 76 L.Ed.2d 129 (1983), suggests a contrary result. In that case, a nonprofit corporation engaged in lobbying for the “ ‘public interest’ in the area of federal taxation” challenged its denial of tax exempt status under § 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3). Id. at 541-42, 103 S.Ct. 1997. That statute granted tax exemption to: Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition ..., or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office. Id. at 542 n. 1, 103 S.Ct. 1997 (quoting 26 U.S.C. § 501(c)(3) as then in effect) (emphasis in original). The Internal Revenue Service denied the non-profit’s application for tax exempt status because the organization’s primary purpose was to influence legislation. Id. The corporation challenged the statute arguing, among other things, that “Congress’ decision not to subsidize its lobbying violate[d] the First Amendment [because] the prohibition against substantial lobbying by § 501(c)(3) organizations imposefd] an ‘unconstitutional condition’ on the receipt of tax-deductible contributions.” Id. at 545, 103 S.Ct. 1997 (citation omitted) (bracketed alterations supplied). The Supreme Court rejected that argument. Justice Rehnquist, writing for the Court and considering the organization’s “attack [on] the prohibition against substantial lobbying in § 501(c)(3),” concluded that: “In short, Congress chose not to subsidize lobbying as extensively as it chose to subsidize other activities that non-profit organizations undertake to promote the public welfare.” Id. at 544, 103 S