Alabama Education Ass'n v. State Superintendent of Education

DUBINA, Circuit Judge:

I. BACKGROUND

This appeal came to us following the district court’s entry of a preliminary injunction preventing enforcement of Alabama Act No. 2010-761 (“the Act”), codified at Alabama Code § 17-17-5. The Act prohibits public employees from “arranging] by salary deduction or otherwise ” for payments to (1) political action committees or (2) organizations that use any portion of the dues for “political activity.” Id. § 17-17-5(b) (emphasis added). The Act then goes on to define “political activity” for the purposes of § 17-17-5(b) only, limiting it to:

a. Making…