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Tag: Abood

June 27, 2018

First Amendment wins! Unions cannot steal non-members’ wages

After 40 years of garnishing worker paychecks under the authority of Abood v. Detroit Board of Education, today the Supreme Court held in Janus v. AFSCME that the coercion must end. In a 5-4 split, the Court today holds that the First Amendment prohibits states from giving public employee unions the special privilege of docking ...

September 30, 2017

Weekly litigation report — September 30, 2017

Government workers have another chance to declare independence! Supreme Court asked to restore Utah prairie dog conservation program—and constitutional limits on federal power Neither legislative bodies nor government bureaucrats can steal property National Forest lands should be accessible to all — not just a few hearty backpackers PLF ...

February 28, 2014

Compelled union dues are compelled speech

The United States Supreme Court recently heard oral argument in Harris v. Quinn, an important compelled-speech case. This case challenges Illinois' classification as "state employees" of all home health-care workers that receive reimbursements from the government's Medicaid program. As a part of that classification, Illinois forced all of those wor ...

January 26, 2012

Unions and speech: the First Amendment requires opt-in, not opt-out

When it comes to free speech rights, the Supreme Court typically applies the rule of "strict scrutiny," which holds that a government restriction on free speech is presumed unconstitutional, until the government proves otherwise. The reason is that, given the importance of freedom of speech, courts should "not presume acquiescence in the loss of fu ...

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