OCTOBER TERM, 1975
Opinion of BURGER,
C. J.
424 U. S.
workers. In other contexts, this Court has seen to it
that governmental power cannot be used to force a citizen
to disclose his private affiliations, NAACP v. Button, 371
U. S. 415 (1963), even without a record reflecting any
systematic harassment or retaliation, as in Shelton v.
Tucker, 364 U. S. 479 (1960). For me it is far too late
in the day to recognize an ill-defined "public interest"
to breach the historic safeguards guaranteed by the First
Amendment.
We all seem to agree that whatever the legitimate public interest in this area, proper analysis requires us to
scrutinize the precise means employed to implement that
interest. The balancing test used by the Court requires
that fair recognition be given to competing interests.
With respect, I suggest the Court has failed to give the
traditional standing to some of the First Amendment
values at stake here. Specifically, it has failed to confine
the particular exercise of governmental power within limits reasonably required.
"In every case the power to regulate must be so
exercised as not, in attaining a permissible end, unduly to infringe the protected freedom." Cantwell
v. Connecticut, 310 U. S. 296, 304 (1940).
"Unduly" must mean not more than necessary, and until
today, the Court has recognized this criterion in First
Amendment cases:
"In the area of First Amendment freedoms, government has the duty to confine itself to the least intrusive regulations which are adequate for the purpose." Lamont v. Postmaster General, 381 U. S.
301, 310 (1965) (BRENNAN, J., concurring). (Emphasis added.)
Similarly, the Court has said:
"[E]ven though the governmental purpose be legiti-
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