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 ...