For nearly forty years, the Supreme Court’s decision in Abood v. Detroit Board of Education, 431 U.S. 209 (1977), has reigned. Under Abood, unions are permitted to collect agency fees from public employees who are not union members, as long as the fees go toward the costs of collective bargaining and not politics. But a group of California public school teachers has now challenged this practice. These teachers contend that such “fair share” fees violate their First Amendment rights.
According to the claimants, every year, they are required to financially support a group who advocates for viewpoints that they oppose and do not wish to subsidize. They argue that spending by public-sector unions always includes politicized speech, and since they are required to pay “fair share” fees, their First Amendment rights are violated. Counsel for the claimants has been quoted as stating that Continue reading