Alliance Marc & Eva Stern Math & Science High School, et al. v. Public Employment Relations Board, et al.

In 2017, California enacted the Prohibition on Public Employers Deterring or Discouraging Union Membership (PEDD). The PEDD prohibits “public employer[s]” from “deter[ing] or discourag[ing]” public employees from unionizing. Cal.Gov.Code § 3550. Here, the California Court of Appeal rejected public employers’ First Amendment challenge to an administrative order finding them liable for factually true, noncoercive communications made by their employees and a nonprofit affiliate. The Court of Appeal relied entirely on the government-speech doctrine. The California Supreme Court refused to review. The question presented is whether the government-speech doctrine authorizes states to, consistent with the First Amendment, categorically prohibit agents and employees of public employers acting within the actual or apparent agency of the public employer from sharing disfavored views?