Court strikes staggering blow to free speech

Evergreen Freedom Foundation ^ | 6/25/03 | Evergreen Freedom Foundation

[goodnesswins]

Court strikes staggering blow to free speech

TACOMA—In a stunning blow to teachers and other union workers, Washington’s Court of Appeals ruled yesterday that the state law prohibiting unauthorized use of non-member union fees for politics is unconstitutional.

The case was on appeal after the Washington Education Association (WEA) was sued by the state Attorney General (AG) and found guilty in July 2001 of willfully violating RCW 42.17.760, which prohibits the union from using fees taken from non-member teachers to advance political causes without permission from those teachers. The WEA was ordered to pay $570,000 dollars in fines and penalties and return nearly $200,000 to teachers.

The Court of Appeals ruling guts part of campaign finance Initiative 134, which was approved by 72 percent of Washington’s voters in 1992, and overturns a Thurston County Superior Court ruling.

Attorneys for the WEA argued that money taken from teachers’ paychecks belongs to the union and any attempts to limit their unauthorized use of teachers’ money is an abridgement of the union’s free speech rights. The union has also successfully argued in court that it has "no fiduciary duty" to its members.

By contrast, the Attorney General’s office focused on the free speech rights of teachers, arguing that the union’s practice of spending teachers’ money on politics without their consent amounts to "forced political speech."

"Today’s ruling turns the First Amendment on its head," said Bob Williams, president of the Olympia-based Evergreen Freedom Foundation. "The Court of Appeals has redefined free speech to mean the right of union officials to usurp teachers and speak at their expense."

The Evergreen Freedom Foundation, a long-time advocate for free speech and fair elections, filed the original complaint against the WEA that sparked the Attorney General’s case.

"We strongly urge the Attorney General to appeal this decision to the Supreme Court on behalf of every teacher and every citizen in this state," said Williams.

[goodnesswins]

This has been a HOT topic in regard to the use of TEACHER's UNION DUES for POLITICAL purposes here in the state of Washington.

[Dan from Michigan]

This sucks.

[Sacajaweau]

What took so long!!!!!!!!

[dirtboy]

This has been a HOT topic in regard to the use of TEACHER's UNION DUES for POLITICAL purposes here in the state of Washington.

This will probably be upheld by the 9th and shot down by SCOTUS, unless Sandra Day gets ahold of it and parses the word "unauthorized."

[Reaganwuzthebest]

"The Court of Appeals has redefined free speech to mean the right of union officials to usurp teachers and speak at their expense."

Not too familiar with this court, but it sounds like a politically motivated decision by activist liberal judges.

They can and should appeal to the Supreme Court, but after some their "compelling interest" rulings of late, I'm not sure how much good it will do.

[plusone]

'state law prohibiting the unauthorized use of non-union funds is unconstitutional..' God god, could they put any more double negatives into this sentence?

[Sacajaweau]

I misinterpeted this. This is NOT good.

[Robert A Cook PE]

No.

The writeup (and editorial attitude!) sucks, but the ruling was correct: A union may NOT use dues that non-union teachers MUST pay to campaign politically AGAINST what the members want.

[PaulJ]

...the WEA argued that money taken from teachers’ paychecks belongs to the union.

Unbelievable.And the fact the court agreed is just staggering.I want to see this one before the SCOTUS. I just don't want to believe that we can be forced to fill the coffers of politicians whose policies we abhor.

[Choose Ye This Day]

"The Court of Appeals has redefined free speech to mean the right of union officials to usurp teachers and speak at their expense."


Of course. Free Speech only applies to leftists.

How many outrageous court decisions are we to endure this week?

[rudypoot]

"Washington’s Court of Appeals ruled yesterday that the state law prohibiting unauthorized use of non-member union fees for politics is unconstitutional."

That's like forcing a conservative to pay taxes to support a liberal radio sta...Hey, wait a darn minute here!

[Robert A Cook PE]

Unless I unread the double negatives that the judge didn't rule against what was orrignally not illegally not prohibited against not doing what shouldn't have been done in the first place .....

[PaulJ]

No, you've got it wrong. the state law prohibiting unauthorized use of non-member union fees for politics is unconstitutional. The State law said the unions could not use the dues. The Supreme Court says they can.

[Dan from Michigan]

A union may NOT use dues that non-union teachers MUST pay to campaign politically AGAINST what the members want.

I agree with YOU, but the impression I got was that the unions CAN do that now.

I hope I'm wrong.

[Darksheare]

How the devil do they get that using union dues for politics that members may not agree with is free speech?

[Just another Joe]

Attorneys for the WEA argued that money taken from teachers’ paychecks belongs to the union and any attempts to limit their unauthorized use of teachers’ money is an abridgement of the union’s free speech rights. The union has also successfully argued in court that it has "no fiduciary duty" to its members.

#1 - The union has no "free speech rights". The members of the union do.

#2 - If the union has, "no fiduciary duty", to it's members, why are they members? Where is the payoff for all the years of paying dues into the union?

[goodnesswins]

This is the Socialist State of Washington....what part of "free speech" do you NOT understand? /sarcasm.

[Greenpees]

What's really unconstitutional is the fact that Teachers Unions(all union shops) can take member dues from non-members becuase of "collective bargaining" benefits. The Teachers don't have to be memebers, but they have to pay dues nonetheless.

Then, these Union thugs decide to support a liberal jerk-off politician with some conservative teacher's money. The Teacher has no choice.

The Teachers Union is no good, to the core.

[ArneFufkin]

This has been a bad week in the Courts.

[Sender]

If this ruling stands, then how about if 72% of teachers suddenly stop paying union dues? Or is that pre-stolen out of their paychecks already?