SCOTUS suggests that forcing lawyers to pay bar association dues violates free speech

[Ohiogal]

Is the bar association the same thing as a union????

WASHINGTON -- The Supreme Court cast doubt Monday on laws in 31 states that require lawyers to pay dues to bar associations.

In June, the justices struck down state laws that required teachers and other public employees to pay fees to support a union. By a 5-4 vote, the court in Janus v. AFSCME said this requirement violated the free speech rights of employees who did not support the union.

That case proved helpful to lawyers challenging mandatory bar association fees based on the same principle. In a brief order on Monday, the court overturned a lower court ruling that had upheld bar dues in North Dakota and sent the case back "for further consideration in light of Janus."

Although the decision in Fleck v. Wetch is a not a final ruling, it strongly suggests the court's majority now doubts the constitutionality of requiring lawyers to support a private bar association.

Many states, however, depend on bar associations to regulate the practice of law and to discipline attorneys who violate ethics rules. In 1990, the high court upheld mandatory bar dues in a California case, but that decision rested on the principle that held states could require public employees to pay fees.

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[AlexSFCA]

1. what's next medical doctors dont have to pay any fees

to maintain their licenses?
Race to the bottom. IMO, this is different from unions, it’s more in line of consumer protection.

[octoberlib]

2. Republicans hate the Bar Association because they think it's liberal.

How in the hell does this violate free speech?

[AlexSFCA]

3. anything fact based is liberal to gop

[pecosbob]

4. They real big fans of the gilded age

They'd like to return to direct appointment of Senators, so it stands to reason that they think lawyers should go back to peddling their services in saloons and horse-drawn wagons with no supervising regulation.

[ismnotwasm]

5. Does this mean I don't have to pay to renew my nursing license?

Or pay for CE credits? Where does it end?

[dixiegrrrrl]

9. There's a difference, perhaps slight, between "union dues" and "professional accreditation".

That difference, in my view, is the role of a union, which normally is about fair wages, fair hours, work conditions,
and the accreditation boards of some professions, membership of such often being necessary to get licenses which result in insurance paying for services, as well as (usually) licensed professionals being paid more than unlicensed ones.

Thus, all nurses, or social workers, etc. could join a union that helps improve job benefits...fair wages, work conditions, etc.
but not all nurses do, or can, or are required to, have specific accreditation for above and beyond general job duties.

I personally don't mind joining a union of like members, but I do resent being forced to join said union in order to have a job.

I did become certified and licensed in my profession, it paid more. At the same time I also discovered there was neat lil racket of being forced to pay for Continuing Education hours, usually at conferences held by the same Board that operated the expensive tests to become licensed/certified.
OTOH, I could and did get certification hours by doing one of the workshops at the conferences.

The Ala. State Board of Social Workers, btw, did belatedly support equal rights for serving LBGT clients
( took a few lawsuits)
but did NOT approve/mandate equal rights for its social work professionals.

[Xipe Totec]

6. Republicans just want stuff for free. nt

[MagickMuffin]

7. Money has better Free speech rights than some humans

Imagine that!!!

[JustABozoOnThisBus]

8. Sounds like the law is a "right to work" profession.

Union dues can't be imposed on workers in Michigan union shops anymore.