Why are labor unions threatening the free speech rights of public employees?

The Supreme Court should overrule the decades-old standard and invalidate public-sector agency fees.

by Bob McClure

For many years, public-sector unions have been subsidized by dues paid by nonunion employees who had no choice about whether to fork over their hard-earned money. Now, this practice – and the survival of labor unions as we know them – is rightly in question as the U.S. Supreme Court reviews the case of Janus v. American Federation of State, County, and Municipal Employees (AFSCME).

Over 40 years ago, a group of Detroit public school teachers argued that they should not be forced to pay union dues because they disagreed with the collective bargaining and political activities of the union. However, the Supreme Court upheld the union’s practice in that case, Abood v. Detroit Board of Education. Unions have been allowed to force nonunion public employees to pay dues ever since.

In the current case, Mark Janus, an employee with the Illinois Department of Healthcare and Family Services, is hoping for a different outcome. He argues that politics are so interwoven with labor unions that being compelled to pay fees to subsidize them violates his First Amendment rights. The James Madison Institute agrees, and we filed an amicus brief in support of his position...........To Read More.....