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U.S. Supreme Court

Supreme Court Finds No First Amendment Problem in Union Law

Posted Feb 24, 2009 12:25 PM CST
By Debra Cassens Weiss

The U.S. Supreme Court has upheld an Idaho law that bars local governments from making payroll deductions to pay for political activities by labor unions.

The San Francisco-based 9th U.S. Circuit Court of Appeals had ruled the ban burdened political speech by labor unions in violation of the First Amendment. Chief Justice John G. Roberts Jr. disagreed in today’s opinion (PDF), the Associated Press reports. “Idaho's law does not restrict political speech, but rather declines to promote that speech by allowing public employee checkoff for political activities," Roberts wrote.

"The ban on political payroll deductions furthers Idaho's interest in separating the operations of government from partisan politics," Roberts said.

Three dissenting justices said the law was clearly intended to restrict political speech by unions, according to the AP account.

The case is Ysursa v. Pocatello Education Association. PointofLaw.com calls the ruling a “big win for workers' rights.”

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