Supreme Court’s First Amendment cases for 2015-2016 include revisit of union bargaining fee issue

The U.S. Supreme Court docket for 2015-2016 includes important free speech issues notably Friedrichs v. California Teachers Association that will decide whether unions can require non-members to pay a share of the costs of collective bargaining. The teachers bringing the suit claim that bargaining is political speech and asking them to pay for it violates their free speech rights. (Newsweek, September 26, 2015, by Elizabeth Slattery)

The court has also opted to hear the First Amendment case of a Paterson, New Jersey police officer demoted after his chief thought he had supported a certain candidate in the mayor’s election. The officer was seen moving a lawn sign of the candidate. (New Jersey Law Journal, October 2, 2015, by Charles Toutant)

The officer lost his case in lower court based on the basis that there were no First Amendment rights involved since the officer was not campaigning for the candidate and did not live or vote in Paterson. UCLA law professors Stuart Banner and Eugene Volokh, who helped file the officer’s appeal, said if the lower court decision prevails, “…then any public employee can be constitutionally fired because her supervisor incorrectly believes she is a Democrat or a Republican. Employees have to worry about saying the wrong thing at the office, for fearing of leaving the boss with the wrong impression.” (Los Angeles Times, October 1, 2015, by David G. Savage)