[20181219]LSB10233_酒吧会费还是不？强制收费和第一修正案.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Bar Dues or Bar Dont? Compelled Fees and the First Amendment December 19, 2018 Do mandatory dues imposed by compulsory professional associations violate the First Amendments Free Speech Clause? The Supreme Court was recently presented with this question in Fleck v. Wetch, an appeal from the United States Court of Appeals for the Eighth Circuit (Eighth Circuit). The Eighth Circuit ruled against an attorney who argued that the State Bar Association of North Dakotas mandatory membership fees operate in violation of the First Amendment. But on December 3, 2018, the Supreme Court vacated the Eighth Circuits decision and remanded the case to that court “for further consideration in light of” last terms decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31 (AFSCME). Janus held that states and public-sector unions may not “extract agency fees from nonconsenting employees.” This Sidebar briefly explains the legal issues implicated by Fleckincluding why compulsory bar dues may be more constitutionally suspect post-Janusand looks forward to other cases that