Teaching Profession Federal File

Speech Impediment

By Andrew Trotter — December 19, 2006 1 min read
  • Save to favorites
  • Print

The chief courtroom lawyer for the Bush administration will try to convince the U.S. Supreme Court next month that the Washington Education Association does not have the right to spend money for political activities that it collects from the paychecks of the state’s nonunion educators.

Last week, the court allocated time for U.S. Solicitor General Paul D. Clement to argue in support of five nonunion teachers and Washington state when their appeals are heard by the court on Jan. 10.

The solicitor general, or one of his deputies, will help defend a 1992 state law that requires nonunion educators to “affirmatively” opt in before their so-called agency fees for union-representation activities may be used to support the union’s political agenda.

The federal government is wading into the dispute over a state law because federal election laws similarly prohibit unions from using nonmembers’ fees for political activities, Mr. Clement explained in the Bush administration’s friend-of-the-court brief.

WEA argues that by requiring it to track down nonunion teachers to ask them to consent to the political use of their agency fees, the law puts a burden on the First Amendment free-speech rights of union members and of nonmembers who support the union’s political expression.

State law requires the union to represent nonmembers in collective bargaining, though they constitute fewer than 5 percent of the school workers the 70,000-member union represents.

In a 6-3 decision in March, the Washington Supreme Court held that the “opt in” law is unconstitutional because it imposes significant costs on the union, while presuming that nonmembers dissent from its political speech.

That ruling was upside-down, Mr. Clement argues in the Bush administration’s brief.

The law’s “simple proviso” that a teacher who is not a union member “must say ‘yes,’ instead of failing to say ‘no,’ not only fails to raise any constitutional concern, but actually promotes First Amendment interests by protecting the freedom of speech and association of workers who chose not to join the union and may well oppose its political activities,” the brief says.

The consolidated appeals are Washington v. Washington Education Association (Case No. 05-1657) and Davenport v. Washington Education Association (No. 05-1589).

A version of this article appeared in the December 20, 2006 edition of Education Week

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Hidden Costs of Special Ed Vacancies: Solutions for Your District
When provider vacancies hit, students feel it first. Hear what district leaders are doing to keep IEP-related services on track.
Content provided by Huddle Up
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Privacy & Security Webinar
How Technology Is Reshaping Childhood
How do we protect kids online while embracing innovation? Learn about navigating safety, privacy, and opportunity in the Digital Age.
Content provided by Connect x Protect
Budget & Finance Webinar Creative Approaches to K-12 Budget Realities
What are districts prioritizing in 2026? New survey data reveals emerging K-12 budgeting trends.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Teaching Profession How Powerful Are Teachers’ Unions? It Depends on the State
Teachers unions face challengers for policy influence as new state-level organizations emerge, adding additional voices to education debates.
5 min read
BRIC ARCHIVE
K-12 teaching is among the most heavily unionized profession, but unions aren't monolithic—their strength is shaped by a multitude of factors. Teachers in Portland, Oregon gather to press the state legislature for more funding on April 10, 2019
Mark Graves/The Oregonian via AP
Teaching Profession What Teachers Love (and Hate) About Appreciation Week
Teachers want thoughtful, inclusive appreciation, not gimmicks or last-minute ideas.
2 min read
Image of an apple with a bite out of it in shape of heart. Also a box of donuts with "Clearance" stikcer on it.
Collage by Laura Baker/Education Week with Canva
Teaching Profession AI Can Help Teachers Craft Their Assessment Portfolios. Is That Cheating?
The tools help guide teacher reflection for the portfolios used for PD and licensing—or be used to cheat.
9 min read
Northside American Federation of Teachers President Melina Espiritu-Azocar, right, speaks with middle school teacher Celeste Simone during a Microsoft AI skilling event, Saturday, Sept. 27, 2025, in San Antonio.
Northside American Federation of Teachers President Melina Espiritu-Azocar, right, speaks with middle school teacher Celeste Simone during a Microsoft AI skill-building event on Sept. 27, 2025, in San Antonio. As use of generative AI ramps up, it could affect the integrity of the portfolios teachers have to assemble in many states to meet licensing requirements.<br/>
Darren Abate/AP
Teaching Profession Increases in Teacher Pay Offset by Inflation, Union Analysis Shows
The inflation-adjusted increase was less than 1 percent, the National Education Association says.
2 min read
Image of a teacher's desk with the words "Pay Day" ghosted on the background.
Collage by Laura Baker/Education Week with Canva