United States v. Treasury Employees, 513 U.S. 454, 16 (1995)

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Cite as: 513 U. S. 454 (1995)

Opinion of the Court

State Crime Victims Bd., 502 U. S. 105 (1991); see also Arkansas Writers' Project, Inc. v. Ragland, 481 U. S. 221, 227- 231 (1987); Minneapolis Star & Tribune Co. v. Minnesota Comm'r of Revenue, 460 U. S. 575 (1983). Publishers compensate authors because compensation provides a significant incentive toward more expression.14 By denying respondents that incentive, the honoraria ban induces them to curtail their expression if they wish to continue working for the Government.15

The ban imposes a far more significant burden on respondents than on the relatively small group of lawmakers whose past receipt of honoraria motivated its enactment. The absorbing and time-consuming responsibilities of legislators and policymaking executives leave them little opportunity for research or creative expression on subjects unrelated to their official responsibilities. Such officials often receive invitations to appear and talk about subjects related to their work because of their official identities. In contrast, invitations to rank-and-file employees usually depend only on the market value of their messages. The honoraria ban is unlikely to reduce significantly the number of appearances by high-ranking officials as long as travel expense reimbursement for the speaker and one relative is available as an alternative form of remuneration. See supra, at 460. In

14 This proposition is self-evident even to those who do not fully accept Samuel Johnson's cynical comment: " 'No man but a blockhead ever wrote, except for money.' " J. Boswell, Life of Samuel Johnson LL. D. 302 (R. Hutchins ed. 1952).

15 Several respondents indicated that the ban would compel them to discontinue their previously compensated expressive activities. App. 46, 50- 51, 55, 66, 69, 74. In at least one case, a newspaper refused to continue publishing a respondent's work if he could not accept pay for it. Id., at 78. Despite the OGE regulations' provision for recovery of certain expenses related to expressive activity, see supra, at 460, several respondents also reported that the ban would prevent or complicate their recovering other necessary expenses, creating a further disincentive to speak and write. App. 45-46, 55-56, 65, 74-75, 81, 84, 88.

469

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