August 17, 2016
Federalist Society
Who’s ‘Weaponizing the First Amendment?’ – The Left or the Right

On June 28th, after previously splitting 4-4 on the case, the Supreme Court declined a Petition to Rehear Friedrichs v. California Teachers Association, which involved a First Amendment challenge to laws requiring non-union public employees to pay agency fees to unions. The case is over and for now, agency fees remain in place in 25 states. Like many other First Amendment cases raised in the past few years, this case was – and still is – derided in the media and by its legal opponents as a thinly veiled conservative attempt to “weaponize” the First Amendment as a vehicle to advance conservative policies.


Case: Friedrichs v. California Teachers Association et al.

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