2006 PRESS RELEASES

August 15, 2006

National coalition urges U.S. Supreme Court to accept Washington v. WEA case

OLYMPIA—Today the Evergreen Freedom Foundation filed an amicus curiae (“friend of the court”) brief with the U.S. Supreme Court, urging the Court to accept review of Washington v. Washington Education Association. At issue is whether individuals can be required to subsidize political speech they oppose. The Washington state Supreme Court ruled in March that a state law requiring unions to obtain permission from teachers before using funds for political purposes was unconstitutional.

“The Washington ruling is a dangerous precedent that undermines free speech rights all across the country,” said Michael Reitz, director of the Evergreen Freedom Foundation’s Labor Policy Center. “The First Amendment protects individuals from coerced political speech, and the U.S. Supreme Court has consistently ruled that unions cannot raid the paychecks of employees to spend money on politics they don’t support.”

The Foundation joined a broad coalition of policy organizations to argue that the U.S. Supreme Court should overturn the Washington ruling. The coalition includes the American Legislative Exchange Council, the country’s largest, voluntary association of state legislators; Cascade Policy Institute (OR); Commonwealth Foundation (PA); Excellent Education for Everyone (NJ); Georgia Public Policy Foundation; Grassroot Institute (HI); Independence Institute (CO); John Locke Foundation (NC); Mackinac Center for Public Policy (MI); Nevada Public Research Institute; Pacific Research Institute (CA); and Pioneer Institute (MA).

The Washington case was opened in 2001, when then-Attorney General Christine Gregoire sued the Washington Education Association (WEA) for admitted, intentional violations of the law. The union was fined $590,000 for these violations.

The state Supreme Court overturned the trial court, ruling that requiring unions to get permission was “too heavy an administrative burden.” The WEA had argued in trial court that it has no fiduciary responsibility to the teachers it represents. The Court agreed with the WEA’s argument that once the union collects dues it is free to spend the money as it pleases.

“No one should be forced to pay for political causes they disagree with,” said Reitz. “We hope the Supreme Court will take up the case and deliver justice for teachers all around the country. Unions must learn a lesson every first-grader learns: You must ask permission before taking something that does not belong to you.”

The Supreme Court is expected to decide in October whether to take the case.

Additional information

Amicus brief of Evergreen Freedom Foundation, et al.
http://www.effwa.org/pdfs/WA_v_WEA_Amicus_brief.pdf

Washington v. Washington Education Association, No. 05-1657
http://www.supremecourtus.gov/docket/05-1657.htm

Davenport, et al, v. Washington Education Association, No. 05-1589
http://www.supremecourtus.gov/docket/05-1589.htm

For more information, please visit www.teachers-v-union.org.

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