OTHERWISE: Oregon Bar Dues Challenged on First Amendment Grounds

In Janus v. American Federation of State County and Municipal Employees  in a 5 -4 vote the United States Supreme Court struck an Illinoi…

Source: OTHERWISE: Oregon Bar Dues Challenged on First Amendment Grounds

 

In Janus v. American Federation of State County and Municipal Employees in a 5 -4 vote the United States Supreme Court struck an Illinois law requiring public employees represented by an AFSCME local to pay “agency fees” to the union for its representation which protected the interests of all bargaining unit members.  The majority rejected that argument – holding that union advocacy on matters such as state budgets was political speech which the objecting members could not be compelled to “subsidize”.

Now two Oregon lawyers are objecting to the fees charged by the Oregon State Bar to which they are obligated by statute to contribute.  In their complaint Diane Gruber and Mark Reynolds object to a statement by the State Bar denouncing “White nationalism”.  I would vote for that statement every day if it were offered before the voluntary New Jersey State Bar Association of which I have been an active member for thirty years.  But the Oregon State Bar is not a voluntary organization for lawyers who want to practice in the State.  So though Gruber and Reynolds may have ideological views I find abominable, they do seem to have grounds for their complaint relying on Janus. – gwc

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