Supreme Court Protects Non-Union Workers from Union Coercion

The U.S. Supreme Court ruled today in Davenport v. Washington Education Association that it is not a violation of the First Amendment for a state to bar a labor union representing government employees from using non-union workers’ dues for political causes if those workers have not affirmatively consented.

The U.S. Supreme Court overturned a ruling by the Washington State Supreme Court, which erroneously held that it violates the First Amendment rights of a union to require it to gain the affirmative consent of non-union workers before using their dues for political purposes. (The non-union workers were compelled to pay dues to the union as a condition of their employment).

As I have explained before, the Washington State Supreme Court turned the First Amendment upside down, by converting it into a sword to be used against non-union workers, rather than (as the U.S. Supreme Court intended) a shield.

CEI joined an amicus brief in the case filed by the Evergreen Freedom Foundation, in support of the non-union employees, urging the U.S. Supreme Court to overturn the Washington State Supreme Court’s decision.