Teaching Profession Federal File

Speech Impediment

By Andrew Trotter — December 19, 2006 1 min read
  • Save to favorites
  • Print

The chief courtroom lawyer for the Bush administration will try to convince the U.S. Supreme Court next month that the Washington Education Association does not have the right to spend money for political activities that it collects from the paychecks of the state’s nonunion educators.

Last week, the court allocated time for U.S. Solicitor General Paul D. Clement to argue in support of five nonunion teachers and Washington state when their appeals are heard by the court on Jan. 10.

The solicitor general, or one of his deputies, will help defend a 1992 state law that requires nonunion educators to “affirmatively” opt in before their so-called agency fees for union-representation activities may be used to support the union’s political agenda.

The federal government is wading into the dispute over a state law because federal election laws similarly prohibit unions from using nonmembers’ fees for political activities, Mr. Clement explained in the Bush administration’s friend-of-the-court brief.

WEA argues that by requiring it to track down nonunion teachers to ask them to consent to the political use of their agency fees, the law puts a burden on the First Amendment free-speech rights of union members and of nonmembers who support the union’s political expression.

State law requires the union to represent nonmembers in collective bargaining, though they constitute fewer than 5 percent of the school workers the 70,000-member union represents.

In a 6-3 decision in March, the Washington Supreme Court held that the “opt in” law is unconstitutional because it imposes significant costs on the union, while presuming that nonmembers dissent from its political speech.

That ruling was upside-down, Mr. Clement argues in the Bush administration’s brief.

The law’s “simple proviso” that a teacher who is not a union member “must say ‘yes,’ instead of failing to say ‘no,’ not only fails to raise any constitutional concern, but actually promotes First Amendment interests by protecting the freedom of speech and association of workers who chose not to join the union and may well oppose its political activities,” the brief says.

The consolidated appeals are Washington v. Washington Education Association (Case No. 05-1657) and Davenport v. Washington Education Association (No. 05-1589).

A version of this article appeared in the December 20, 2006 edition of Education Week

Events

School & District Management Webinar Crafting Outcomes-Based Contracts That Work for Everyone
Discover the power of outcomes-based contracts and how they can drive student achievement.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama Education
School & District Management Webinar EdMarketer Quick Hit: What’s Trending among K-12 Leaders?
What issues are keeping K-12 leaders up at night? Join us for EdMarketer Quick Hit: What’s Trending among K-12 Leaders?

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Teaching Profession The State of Teaching Why Teachers Likely Take So Few Days Off
The perception coincides with teachers' low levels of job satisfaction.
3 min read
survey teachers static
via Canva
Teaching Profession What the Research Says The More Students Miss Class, the Worse Teachers Feel About Their Jobs
Missing kids take a toll on teachers' morale, new research says. Here's how educators can cope with absenteeism.
4 min read
An empty elementary school classroom is seen on Aug. 17, 2021 in the Bronx borough of New York. Nationwide, students have been absent at record rates since schools reopened after COVID-forced closures. More than a quarter of students missed at least 10% of the 2021-22 school year.
An empty elementary school classroom is seen on Aug. 17, 2021 in the Bronx borough of New York. Nationwide, students have been absent at record rates since schools reopened after COVID-forced closures. Now research suggests the phenomenon may be depressing teachers' job satisfaction.
Brittainy Newman/AP
Teaching Profession Will Your Classroom Get Enough 'Likes'? Teachers Feel the Social Media Pressure
Teachers active on social media feel the competition to showcase innovative lessons and beautiful decorations.
5 min read
Image of a cellphone on a desk.
iStock/Getty
Teaching Profession New Findings on Teacher Morale Highlight Ways to Make It Better
A new College Board survey on teacher morale echoes some previous findings. But it also highlights opportunities for schools to improve it.
4 min read
A student raises her hand to share her work with her teacher.
A student raises her hand to share her work with her teacher.
Allison Shelley for All4Ed