Wednesday, February 5, 2014
The Eleventh Circuit ruled today that members of Alabama’s powerful teacher union cannot pay their dues through automatic payroll deductions, thus affecting the union’s largest funding source. In 2010, the Alabama legislature passed a law prohibiting government employees from having membership dues automatically deducted from their paychecks if the money went "to a membership organization which use[d] any portion of the dues for political activity." The Alabama Education Association (AEA), later joined by the Alabama State Employees Association and the International Association of Fire Fighters, contested the law saying that the term “political activity” was over broad and an infringement on free speech. The 11th Circuit disagreed, finding that the law’s language “prohibits only the use of state mechanisms to support politically active organizations. The Act does not prohibit “ ‘ private forms of payment, i.e., forms of payment not facilitated by the government. ‘ ” The circuit court concluded, “the Act only declines to promote speech, rather than abridging it, and that the Act does not implicate any constitutionally protected conduct[.]” The 11th Circuit also rejected the AEA's argument that Republican lawmakers passed the law to punish the teachers’ union, whose members largely support Democratic candidates. Read the opinion in Alabama Education Association v. Bentley, No. 11-11266 (11th Cir. Feb. 5, 2014), here.