For Immediate Release:
June 12, 2006

Contact: Susan Martin, Press Office
415-955-6120 or smartin@pacificresearch.org

SAN FRANCISCO –On Monday, August 14, 2006, the Pacific Research Institute filed an amicus curiae (“friend of the court”) brief with the U.S. Supreme Court, urging the Court to accept review of Washington v. Washington Education Association. At issue is whether individuals can be forced to subsidize political speech.

“Teachers’ First Amendment free speech rights have been taken away by this Washington State Supreme Court ruling,” said Lance Izumi, director of Education Studies at the Pacific Research Institute.

The Pacific Research Institute joined a broad coalition of policy organizations, including: the American Legislative Exchange Council, Cascade Policy Institute (OR), Commonwealth Foundation (PA), Evergreen Freedom Foundation (WA), Excellent Education for Everyone (NJ), Georgia Public Policy, Grassroot Institute (HI), Independence Institute (CO), John Locke Foundation (NC), Mackinac Center for Public Policy (MI), Nevada Public Research Institute, and Pioneer Institute (MA).

The Washington state Supreme Court ruled in March 2006 that a state law requiring unions to obtain permission from teachers before using funds for political purposes was unconstitutional.

The Washington case was opened in 2001, when then-Attorney General Christine Gregoire sued the Washington Education Association (WEA) for admitted, intentional violations of the law. The union was fined $590,000 for these violations.

The state Supreme Court overturned the trial court, ruling that requiring unions to get permission was “too heavy an administrative burden.” The WEA had argued in trial court that it has no fiduciary responsibility to the teachers it represents. The court agreed with the union’s argument that once the union collects dues it is free to spend the money as it pleases.

“The U.S. Supreme Court must overturn this anti-speech decision and protect the ability of teachers, and all workers, to express their political views, which includes not being forced to fund political causes and candidates that they oppose,” said Izumi. “Our free society can only continue if we protect our freedom to make our own individual political choices.”

The Supreme Court is expected to decide in October whether to take the case.

Additional information

Brief of amici curiae
http://www.effwa.org/pdfs/WA_v_WEA_Amicus_brief.pdf

Washington v. Washington Education Association, No. 05-1657
http://www.supremecourtus.gov/docket/05-1657.htm

Davenport, et al, v. Washington Education Association, No. 05-1589
http://www.supremecourtus.gov/docket/05-1589.htm

For more information, please visit www.teachers-v-union.org.

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For 27 years, the Pacific Research Institute (PRI) has championed freedom, opportunity, and individual responsibility through free-market policy solutions. PRI is a non-profit, non-partisan organization. For more information please visit our web site at http://www.pacificresearch.org/