Recent Decision Violates First Amendment Rights of Our Client & Many Other Wisconsinites
The News: The Wisconsin Institute for Law & Liberty (WILL) filed a new motion to intervene in defense of Act 10 due to a recent court decision that creates serious constitutional concerns regarding the 1st Amendment and compelled speech.
The Quote: Lucas Vebber, WILL Deputy Counsel, stated, “Not only has Act 10 survived more than a decade of state and federal court challenges, but it set a national precedent for protecting taxpayers and public employees everywhere. The recent decision effectively rolls Wisconsin law back to pre-Act 10, and that law violates the First Amendment.”
WILL Client Kristi Koschkee, stated, “Act 10 is pro-taxpayer and pro-freedom. This legislation provides public employees like me the freedom to not participate in unionization or be compelled to finance or support organizations that I do not agree with. Act 10 allows me to do what I do best: teach children in the classroom.”
Janus Decision: Before Act 10, Wisconsin law forced non-union members to make what are called “fair-share” payments to support the collective bargaining work of the union. Act 10 eliminated those provisions of state law. In 2018, the U.S. Supreme Court found those “fair-share” payments to be unconstitutional. As part of the circuit court’s decision and order in this case, those sections of Act 10 were struck, returning state law to its unconstitutional past.
About WILL’s Work on Act 10: WILL was founded in 2011, partially in response to the same legal challenges against lawful acts of Governor Walker and the Wisconsin Legislature. Over the years, we have participated in many legal efforts and published policy work highlighting this legislation’s benefits. Our research has found that union membership has plummeted since Act 10, as more and more government employees exercise their right to vote themselves out. We also found that this reduction in the number of public sector unions did not lead to significant declines in student proficiency. Indeed, areas that more thoroughly took advantage of the pay structure creativity afforded by the law saw achievement gains.
WILL research also shows that repealing Act 10 would have a devastating impact on local governments and school districts, costing more than $2 billion annually.
Deputy Counsel
