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Friedrichs v. California Teachers Association

Docket No.: 14-915
Certiorari Granted: USCA/0/9

Topics:

First Amendment, public schools, public-sector unions

PartyNames: Rebecca Friedrichs, et al. v. California Teachers Association, et al.
Petitioner: Rebecca Friedrichs, et al.
Respondent: California Teachers Association, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: Order
Supreme Court Docket

Rebecca Friedrichs, et al.
v.
California Teachers Association, et al.
Background:

Twice in the past three years this Court has recognized that agency-shop provisions - which compel public employees to financially subsidize public-sector unions' efforts to extract union-preferred policies from local officials - impose a "significant impingement" on employees' First Amendment rights. Knox v. Serv. Emps. Int'l Union, 132 S. Ct. 2277, 2289 (2012); see also Harris v. Quinn, 134 S. Ct. 2618 (2014). California law requires every teacher working in most of its public schools to financially contribute to the local teachers' union and that union's state and national affiliates in order to subsidize expenses the union claims are germane to collective bargaining. California law also requires public-school teachers to subsidize expenditures unrelated to collective bargaining unless a teacher affirmatively objects and then renews his or her opposition in writing every year.

Question Presented:

1. Whether Abood v. Detroit Bd. of Ed., 431 U.S. 209 (1977), should be overruled and public-sector "agency shop" arrangements invalidated under the First Amendment. 2. Whether it violates the First Amendment to require that public employees affirmatively object to subsidizing nonchargeable speech by public-sector unions, rather than requiring that employees affirmatively consent to subsidizing such speech.

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