Cite as: 513 U. S. 454 (1995)
Opinion of O'Connor, J.
rality went on to recognize. As the magnitude of intrusion on employees' interests rises, so does the Government's burden of justification. Cf. Connick, 461 U. S., at 150 ("[T]he State's burden in justifying a particular discharge varies depending upon the nature of the employee's expression"); id., at 151-152 (finding "a wide degree of deference" appropriate where employee's speech touched only peripherally on matters of public concern). Thus, in Waters, the plurality noted that "[i]n many such situations the government may have to make a substantial showing that the speech is, in fact, likely to be disruptive before it may be punished." 511 U. S., at 674. This case presents one such situation.
The Court makes a persuasive case that the Government has made no such showing and that the Government's asserted interests are insufficiently weighty to justify a ban that curbs so much employee speech. See ante, at 470-477. In promulgating the ban, Congress relied on the reports of two blue-ribbon panels that suggested the prudence of a wide-ranging prohibition. Neither report noted any problems, anecdotal or otherwise, stemming from the receipt of honoraria by rank-and-file Executive Branch employees. Neither report, therefore, tends to substantiate the Government's administrative efficiency argument, which presumes that abuses may be so widespread as to justify a prophylactic rule. Congress assuredly was inspired by a worthy interest, but it made no effort to establish a connection between its interest and the large-scale inhibition of non-work-related speech by the respondent class. Our cases do not support the notion that the bare assertion of a laudable purpose justifies wide-ranging intrusions on First Amendment liberties. In Civil Service Comm'n v. Letter Carriers, 413 U. S. 548 (1973), perhaps the closest analogue to this case, we upheld provisions of the Hatch Act, 5 U. S. C. § 7324(a)(2), against a First Amendment challenge only after canvassing nearly a century of concrete experience with the evils of the political spoils system. Cf. FCC v. League of Women Voters of Cal.,
483
Page: Index Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 NextLast modified: October 4, 2007