Whether the government-speech doctrine allows states to categorically prohibit public employer agents and employees from sharing disfavored views consistent with the First Amendment

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 uni onizing. 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 employ ees of public employers acting within the actual or apparent agency of the public employer from sh aring disfavored views? ii CORPORATE DISCLO SURE STATEMENT Alliance states that it is a nonprofit corporation without parents and without stock.