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about serious harms advanced by the Government. Finally, the regulations' exclusions from the coverage of the statutory terms "appearance, speech or article" of a wide variety of performances and writings that would normally appear to have no nexus with an employee's job are more consistent with the presumption that the federal work force consists of dedicated and honorable civil servants than with the honoraria ban's dubious application not merely to policymakers, whose loss of honoraria was offset by a salary increase, but to all Executive Branch employees below grade GS-16. Pp. 470-477. (c) Insofar as the judgment below grants relief to senior federal executives who are not parties to this case, it is reversed as overinclusive. However, in light of this Court's obligation to avoid judicial legislation and its inability to correctly identify the exact terms of any nexus requirement that Congress would have adopted in a more limited honoraria ban, the Court refuses to modify the remedy further by crafting such a nexus requirement. Pp. 477-480.
990 F. 2d 1271, affirmed in part, reversed in part, and remanded.
Stevens, J., delivered the opinion of the Court, in which Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. O'Connor, J., filed an opinion concurring in the judgment in part and dissenting in part, post, p. 480. Rehnquist, C. J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined, post, p. 489.
Deputy Solicitor General Bender argued the cause for the United States. With him on the briefs were Solicitor General Days, Assistant Attorney General Hunger, Michael R. Dreeben, John C. Hoyle, and Alfred Mollin.
Gregory O'Duden argued the cause for respondents. With him on the brief were Elaine Kaplan, Barbara A. Atkin, Mark D. Roth, Anne Wagner, John Vanderstar, Steven R. Shapiro, and Arthur B. Spitzer.*
*Stephen F. Black and W. Hardy Callcott filed a brief for Common Cause as amicus curiae urging reversal.
Briefs of amici curiae urging affirmance were filed for the Freedom to Read Foundation et al. by R. Bruce Rich, Paul M. Smith, Bruce J. Ennis, Jr., Julie M. Carpenter, Elliot M. Mincberg, and Lawrence S. Ottinger; for Public Citizen, Inc., by Alan B. Morrison; for the Senior Executives Association by George J. Shaw, Jr., and William L. Bransford; and for Peter Bollen by Stephen S. Ostrach.
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