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Court strikes staggering blow to free speech

TACOMA—In a stunning blow to teachers and other union workers, Washington’s Court of Appeals ruled yesterday that the state law prohibiting unauthorized use of non-member union fees for politics is unconstitutional.

The case was on appeal after the Washington Education Association (WEA) was sued by the state Attorney General (AG) and found guilty in July 2001 of willfully violating RCW 42.17.760, which prohibits the union from using fees taken from non-member teachers to advance political causes without permission from those teachers. The WEA was ordered to pay $570,000 dollars in fines and penalties and return nearly $200,000 to teachers.

The Court of Appeals ruling guts part of campaign finance Initiative 134, which was approved by 72 percent of Washington’s voters in 1992, and overturns a Thurston County Superior Court ruling.

Attorneys for the WEA argued that money taken from teachers’ paychecks belongs to the union and any attempts to limit their unauthorized use of teachers’ money is an abridgement of the union’s free speech rights. The union has also successfully argued in court that it has "no fiduciary duty" to its members.

By contrast, the Attorney General’s office focused on the free speech rights of teachers, arguing that the union’s practice of spending teachers’ money on politics without their consent amounts to "forced political speech."

"Today’s ruling turns the First Amendment on its head," said Bob Williams, president of the Olympia-based Evergreen Freedom Foundation. "The Court of Appeals has redefined free speech to mean the right of union officials to usurp teachers and speak at their expense."

The Evergreen Freedom Foundation, a long-time advocate for free speech and fair elections, filed the original complaint against the WEA that sparked the Attorney General’s case.

"We strongly urge the Attorney General to appeal this decision to the Supreme Court on behalf of every teacher and every citizen in this state," said Williams.

RCW 42.17.760 - Agency shop fees as contributions
A labor organization may not use agency shop fees paid by an individual who is not a member of the organization to make contributions or expenditures to influence an election or to operate a political committee, unless affirmatively authorized by the individual.

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Evergreen Freedom Foundation P.O. Box 552, Olympia, WA 98507 Phone: (360) 956-3482, Fax: (360) 352-1874 Email: effwa@effwa.org