SACRAMENTO – For people who truly are interested in a just and fair society, there’s one easy way to sort through some seemingly complex issues: turn the tables. If, for instance, one is debating a controversial law affecting a particular group, it’s best to think about how fair it would seem if that law were applied in the same way to you.
On Thursday, the U.S. Supreme Court issued a verdict in the case of Knox v. Service Employees International Union, Local 1000, showing how deeply it understands that basic concept. By a 7-2 vote, the high court slapped down the union for deducting money from its employees’ paychecks and using it to fight against two California campaign initiatives – without giving its nonmembers a chance to opt out of these political campaign contributions.
Critics of the decision are blasting it, as one union official put it to the Sacramento Bee, as another “attack on the right of public sector workers to act collectively.” But let’s apply our test to these outraged union spokespeople. What if their money was deducted by force from their paycheck and used to support conservative tax-limiting initiatives or Republican candidates? Would they be OK with that? We know the answer.
Fortunately, the Supreme Court recognized by a 7-2 vote – with two liberal justices dissenting – the enormous free-speech issues at stake here. Ruled the court, “Public-sector unions have the right under the First Amendment to express their views on political and social issues without government interference. … But employees who choose not to join a union have the same rights. The First Amendment creates a forum in which all may seek, without hindrance or aid from the State, to move public opinion and achieve their political goals. ‘First Amendment values [would be] at serious risk if the government [could] compel a particular citizen, or a discrete group of citizens, to pay special subsidies for speech on the side that [the government] favors.’ United Foods, 533 U. S., at 411. Therefore, when a public-sector union imposes a special assessment or dues increase, the union must provide a fresh Hudson notice and may not exact any funds from nonmembers without their affirmative consent.”