Articles

The constitutional right to speak for yourself

December 12, 2018 | By DEBORAH LA FETRA

Public employees are a diverse group. Just as they don’t all look alike, neither do they think alike. Under union-backed “exclusive representation” laws, however, they must speak with a single voice: the union’s voice. In Massachusetts, four educators employed by the University of Massachusetts are challenging the state law ...

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Even lawyers are entitled to First Amendment protection

December 03, 2018 | By DEBORAH LA FETRA

In Fleck v. Wetch, North Dakota lawyer Arnold Fleck seeks to be free from his forced association with the State Bar Association of North Dakota. After considering his petition for writ of certiorari at eight consecutive conferences, the Supreme Court today granted the petition, vacated the decision below, and remanded for reconsideration in light o ...

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Ninth Circuit remains hostile to free association for conservative groups

September 11, 2018 | By JEREMY TALCOTT

This morning the Ninth Circuit released this opinion in Americans for Prosperity Foundation v. Becerra, a case about whether California can demand confidential donor forms from nonprofit organizations operating within the state. Twice the district court has found that the law violates  donors’ First Amendment rights of free speech and associ ...

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Challenging the mandatory government bar

January 23, 2018 | By DEBORAH LA FETRA

Do states require drinkers to buy their scotch and sodas at a government-run bar? Well, no. But 31 states do require all attorneys to belong to a government-run bar association as a condition for practicing law… … ...

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Yes, the Constitution even protects communists

May 19, 2017 | By CALEB TROTTER

Is communism illegal? Naively, I thought the answer to that question was obvious. But apparently I was wrong. In California, government employees may be fired solely because they are a member of the Communist Party. What if they’re great at their job? Doesn’t matter. What if their ideas are irrelevant to their job? Doesn’t matter. ...

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Supreme Court won’t consider exclusive representation laws . . . for now

February 27, 2017 | By DEBORAH LA FETRA

The Supreme Court often prefers that issues “percolate” in the lower courts for some time so that Circuit court and state supreme court judges have an opportunity to address all facets and implications of the arguments prior to high court review. It ensures that the arguments and theories in cases granted by the Supreme Court … ...

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Exclusive representation violates the First Amendment

January 06, 2017 | By DEBORAH LA FETRA

New York laws and regulations deem family daycare providers (individuals who operate daycare businesses in their homes) to be “public employees” and requires a union to be the daycare providers’ exclusive representative for bargaining with (e.g., lobbying) the state over daycare regulations and policies. The workers who are “ ...

Articles

Supreme Court to review public employee unions’ ability to garnish wages

June 30, 2015 | By DEBORAH LA FETRA

The California Teachers Association—one of the most politically powerful groups in the state—may have to start funding its political campaigns with the money of only those teachers who actually support its goals.  Unlike other groups that seek donations from like-minded people who support the organizations’ goals, the CTA has long benefi ...