1. Under the First Amendment, to seize payments
for union speech from employees who resigned
union membership, became nonmembers, and
objected to subsidizing union speech, do government employers and unions need clear and
compelling evidence that those nonmember employees knowingly, intelligently, and voluntarily waived their First Amendment rights to refrain from subsidizing union speech in order to
constitutionally seize union payments from
these employees?

2. When a union acts jointly with government to
deduct and collect union payments from nonmember employees' wages, is that union a state
actor participating in a state action under 42
U.S.C. § 1983?

Whether government employers and unions need clear and compelling evidence of employees' knowing, intelligent, and voluntary waiver of First Amendment rights to seize union payments from nonmember employees