Mаrciа is аn emplоyee оf the State Department оf Child Welfare. She is part of a bargaining unit that has voted to be represented by a union. The union negotiates with the state concerning the workers’ wages and terms and conditions of employment, and it also engages in political activity supportive of policies that it considers to be in the interest of workers. Marcia disagrees with the union’s political stances, so she does not wish to join the union. May she be forced to join the union or contribute union dues as a condition of employment?
Cоncerned thаt the pаtchwоrk оf stаte laws governing the issuance of drivers’ licenses and other forms of identification were a threat to national security, Congress passed a law requiring all U.S. citizens and resident aliens to obtain and carry with them at all times a national ID card, which must be produced when requested by state, local, or federal law enforcement personnel. A number of people vigorously objected to what they saw as “Big Brotherism” run amok; several began to burn their ID cards publicly, in protest. Federal law prohibits “forging, altering, or knowingly destroying or mutilating” one’s ID card. When Alex O’Brien is convicted of violating this provision by burning his card in a protest against “big government,” he appeals, claiming that the law is unconstitutional. Which of the following scenarios would be most helpful to his claim?