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The Supreme Court heard arguments yesterday in Friedrichs v. California Teachers Association. The case centers around 10 teachers (Friedrichs et. al) challenging a state requirement that they pay dues to a union (California Teachers Association) that takes political positions teachers may disagree with. This case “would be a huge victory for workers’ rights, the First Amendment, and educational freedom – and probably the most important ruling this term,” says Cato Institute scholar Ilya Shapiro, co-author of Cato’s amicus brief. Shapiro concludes:

CONCLUSION

“First Amendment values are at serious risk if the government can compel a particular citizen, or a discrete group of citizens, to pay special subsidies for speech on the side it favors.” United States v. United Foods, 533 U.S. 405, 411 (2001). That is why state-compelled subsidies are subject to First Amendment scrutiny and must be carefully tailored to minimize impingement on First Amendment rights. Allowing the government to compel citizens to subsidize a private party’s political speech, subject only to a circumscribed opt-out procedure administered by the party being subsidized, crosses the limited of what the First Amendment can tolerate because a better- tailored procedure—affirmative consent to pay subsidies—is readily available. For that reason, the decision of the court below should be reversed.

[gview file=”http://richardcyoung.com/wp-content/uploads/2016/01/friedrichs_merits.pdf”]

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E.J. Smith - Your Survival Guy

E.J. Smith is Founder of YourSurvivalGuy.com, Managing Director at Richard C. Young & Co., Ltd., a Managing Editor of Richardcyoung.com, and Editor-in-Chief of Youngresearch.com. His focus at all times is on preparing clients and readers for “Times Like These.” E.J. graduated from Babson College in Wellesley, Massachusetts, with a B.S. in finance and investments. In 1995, E.J. began his investment career at Fidelity Investments in Boston before joining Richard C. Young & Co., Ltd. in 1998. E.J. has trained at Sig Sauer Academy in Epping, NH. His first drum set was a 5-piece Slingerland with Zildjians. He grew-up worshiping Neil Peart (RIP) of the band Rush, and loves the song Tom Sawyer—the name of his family’s boat, a Grady-White Canyon 306. He grew up in Mattapoisett, MA, an idyllic small town on the water near Cape Cod. He spends time in Newport, RI and Bartlett, NH—both as far away from Wall Street as one could mentally get. The Newport office is on a quiet, tree lined street not far from the harbor and the log cabin in Bartlett, NH, the “Live Free or Die” state, sits on the edge of the White Mountain National Forest. He enjoys spending time in Key West and Paris. Please get in touch with E.J. at ejsmith@yoursurvivalguy.com