Parties: Abood v. Detroit Bd. of Educ.
Date: 1977-06-27
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Paragraph: 87 - What distinguishes the public-sector union from the political party and the distinction is a limited one is that most of its members are employees who share similar economic interests and who may have a common professional perspective on some issues of public policy. Public school teachers, for example, have a common interest in fair teachers' salaries and reasonable pupil-teacher ratios. This suggests the possibility of a limited range of probable agreement among the class of individuals that a public-sector union is organized to represent. But I am unable to see why the likelihood of an area of consensus in the group should remove the protection of the First Amendment for the disagreements that inevitably will occur. Certainly, if individual teachers are ideologically opposed to public-sector unionism itself, as are the appellants in this case, ante, at 212-213, one would think that compelling them to affiliate with the union by contributing to it infringes their First Amendment rights to the same degree as compelling them to contribute to a political party.Under the First Amendment, the protection of speech does not turn on the likelihood or frequency of its occurrence.
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Paragraph: 82 - I agree with the Court as far as it goes, but I would make it more explicit that compelling a government employee to give financial support to a union in the public sector regardless of the uses to which the union puts the contribution impinges seriously upon interests in free speech and association protected by the First Amendment.
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