Articles

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

June 27, 2018 | By DEBORAH LA FETRA

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 … ...

Articles

Weekly litigation report — September 30, 2017

September 30, 2017 | By JAMES BURLING

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 ...

Articles

Compelled union dues are compelled speech

February 28, 2014 | By PACIFIC LEGAL FOUNDATION

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 ...

Articles

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

January 26, 2012 | By TIMOTHY SANDEFUR

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 ...