July 1st 2022
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The guideposts established by the Supreme Court for labor-related free speech rights have been shifting in recent years, but there ought to be serious doubts about the constitutionality of one Massachusetts labor law. Section 9A of Chapter 150E of Massachusetts...
“[S]peech on public issues occupies the highest rung of the hierarchy of First Amendment values, and is entitled to special protection.” Snyder v. Phelps, 562 U.S. 443, 452 (2011) (citation omitted). Nearly every brief filed in Janus v. AFSCME advocating for the...
Janus, the Court’s case about public sector agency fees that will be decided this term, is a case that could be framed in two ways. On the one hand, Janus is a case about compelled political speech: the government, by imposing agency fees as a condition of...
In light of the Court's grant of cert. in Janus v. AFSCME, I'm posting my new draft article on the subject. The article, Agency Fees and the First Amendment, 131 Harv. L. Rev. (forthcoming Feb. 2018), makes two related arguments, both of which aim to demonstrate...
It's a good moment to think creatively and expansively about how to revitalize the U.S. labor movement. This important work is underway, with contributions from academics, labor lawyers, union organizers, and others. Substantive debates about the future of labor...