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The Court Should Fix This Gap in Free-Speech Law

By Carrie Severino | May 20, 2020

Free speech is not free if the government can force you to say things you disagree with. That is the principle behind the Supreme Court’s ruling in Janus v. AFSCME (2018) that public-sector workers cannot be forced to pay for a labor union’s speech.

The same idea is being litigated in the context of state bar associations in Jarchow v. State Bar of Wisconsin. There two Wisconsin attorneys are challenging the requirement that those who practice law in the state join the State Bar of Wisconsin and financially support its speech. The bar is one of the state’s most powerful lobbying organizations. It seeks to influence legislation leftward on a wide range of ideologically charged issues, including the death penalty, abortion, felon voting, campaign finance, LGBT issues, and tax reform. And it throws in plenty of criticism of President Trump …

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Filed Under: In The News, JCN Bench Memo Tagged With: Bench Memo, Carrie, Carrie Severino, Constitution, JCN, Judges, Judicial Crisis Network, Judicial Nominations, President Trump

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