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Cato Podcast

Janus Case Affirms First Amendment Rights

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 27 June 2018

⏱️ 15 minutes

🧾️ Download transcript

Summary

The Supreme Court holds that government "extraction of agency fees from nonconsenting public-sector employees violates the First Amendment" in the case of Janus v. AFSCME. Trevor Burrus comments on the case.

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Transcript

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0:00.0

This is a Cato special podcast. I'm Caleb Brown. Today's decision in the case of Janice

0:09.8

V. AFS me at the Supreme Court affirms the rights of both workers and taxpayers not to support

0:15.2

political causes that they want nothing to do with. Trevor Burris, who worked on Cato's brief in the case,

0:20.5

discusses the opinion of the majority and the dissenters.

0:24.8

This is from the majority opinion in Janice v. AFSmee.

0:28.6

It was written by Samuel Alito.

0:30.6

He writes, compelling individuals to mouth support for views they find objectionable

0:35.8

violates that Cardinal Constitutional command and in most contexts any such effort would be universally

0:42.0

condemned. Suppose, for for example that the state of Illinois

0:45.4

required all residents to sign a document expressing support for a particular set of positions

0:51.2

on controversial public issues, say the platform of one of the

0:55.0

major political parties no one we trust would seriously argue that the

0:59.2

First Amendment permits this perhaps because such compulsion so plainly violates the Constitution, most of our

1:06.1

free speech cases have involved restrictions on what can be said rather than laws compelling

1:12.2

speech. But measures compelling speech are at least as

1:16.4

threatening. That's from the majority opinion in the Janus case that came out

1:20.6

today. What is your general takeaway on the majority opinion? This wasn't that big of a surprise,

1:26.7

but was there anything surprising in the majority opinion? No, it wasn't because also Alito wrote it and Alito has been writing he wrote two cases that led up to the Janus decision

1:37.7

one of them was Harris v Quinn and one of them was Knox v SE IU and those, actually in Harris v. Quinn, he goes on almost unnecessarily explaining that Abood has

1:48.0

never been fully justified and there's a lot of things wrongs with it.

1:51.8

And he actually, in this opinion, he he just says well let me refer to you to what I said in Harris if you want to know why Abood doesn't really stand the test of time and it is the correct decision for all the reasons he just said.

2:03.2

The way unions, public sector unions could get money was an aberration in American First Amendment law.

...

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