PLF has long been concerned with the powerful role that unions play in dictating government spending policies across America. One area where the problem is particularly acute is in public education, where PLF has challenged government enforced teacher monopolies and the right of parents to choose alternative education options for their children. He ...
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 ...
This past year, three states passed right-to-work laws, allowing public workers to opt out of union membership. Unsurprisingly, the National Education Association has 200,000 fewer members this year. It’s amazing. When the government stops forcing teachers from contributing to unions, the union rolls drop. Maybe, just maybe, the u ...
The Supreme Court today issued its decision in Knox v. SEIU, the union fees case in which PLF (joined by Cato, MSLF, and CCJ), filed this amicus brief. The case was about whether the union violated the law by requiring non-members to pay a special assessment to support a political campaign without first issuing the … ...
Dean Erwin Chemerinsky published this article last week on the ABA Journal’s website complaining about the Supreme Court’s decision in Knox v. SEIU. That’s the case in which the Supreme Court said that the union must ask non-members before it takes away their money to run a political campaign. As I explain here, the rule … ...
In an article forthcoming in the Columbia Law Review, Professors Catherine Fisk and Erwin Chemerinsky complain that the Supreme Court’s decision in Knox v. SEIU unfairly discriminates against the expressive rights of labor unions, and argue in favor allowing unions “to spend funds on political activities without needing to let dissentin ...
The new issue of Regulation magazine has my article about Knox v. SEIU and the First Amendment right of workers not to be forced to support political campaigns they disagree with. … ...
According to the LA Times, opposition to CEQA reform is spearheaded by an alliance of environmentalists and labor unions. At first blush, this seems an odd pairing. CEQA is an obstacle to development across the state. It delays some projects, and prevents other entirely. CEQA is intended to protect the environment. But the result is … ...
An Illinois executive order and law declares all personal home assistants to be public employees, for the sole purpose of being represented by a collective bargaining unit of the Service Employees International Union (SEIU) that seeks to lobby for greater government spending (Medicaid) on home healthcare. Several personal home attendants, represe ...