Political Advocacy by Unions
The Constitutionality of Unauthorized Use of Nonmembers
Buy Full Issue$19.95Excerpt
(Excerpted from Supreme Court Debates, February 2007)
Unions, and the money they control, are key players in the modern
American political process. Because in some professions union dues or
equivalent fees are compulsory, the U.S. Supreme Court has ruled that
payers can request that the percentage of their dues used for political
purposes be returned to them.
This “opt out” right was first
affirmed by the Court in International Association of Machinists v.
Street (1961) and reinforced by Railway Clerks v. Allen (1963).
In 1992, voters in the State of Washington approved the Fair Campaign
Practices Act…
In This Issue
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Foreword
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Lower Court Holding
Decision of the Washington State Supreme Court
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Before the Court
The Justices Weigh in During Oral Arguments
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Opinion of the Court
Washington Can Prohibit a Labor Union From Using Nonmembers' Fees for Political Purposes
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Labor Unions and the Court
Litigating the Use of Dues for Political Speech
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Pro & Con
Can Labor Unions Take the Wages of Non-Union Employees and Use Them for Political Purposes Without Permission?
Pro
Con
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Gary Davenport, Martha Lofgren, Susannah Simpson, and Tracy Wolcott
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United States of America
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Colorado, Alabama, Idaho, Ohio, Utah, and Virginia
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National Federation of Independent Business Legal Foundation
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American Legislative Exchange Council (ALEC)
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Campaign Legal Center (CLC)
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Mackinac Center for Public Policy
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The Cato Institute, Reason Foundation, and Center for Individual Freedom
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Institute for Justice
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Pacific Legal Foundation (PLF)
