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Davenport v. Washington Ed. Assn.

Docket No.: 05-1589
Certiorari Granted: Sep 26 2006
Argued: January 10, 2007
Decided: June 14, 2007
Consolidated with: CONSOLIDATED WITH 05-1567 FOR ONE HOUR ORAL ARGUMENT.

Topics:

First Amendment, public education, public-sector unions, Union

PartyNames: Gary Davenport, et al. v. Washington Education Association
Petitioner: Gary Davenport, et al.
Respondent: Washington Education Association

Court Below: Supreme Court of Washington

Gary Davenport, et al.
v.
Washington Education Association
551 U.S. 177 (2007)
Question Presented:

I. Do labor union officials have a First Amendment right to seize and use for politics the wages of employees who have chosen not to become union members? II. Does a state campaign finance law that prohibits labor unions and their officials from seizing and using the wages of nonmembers for partisan political campaigns without obtaining the nonmembers' affirmative consent violate the First Amendment rights of labor unions?

Question:

Does a state law requiring labor unions to obtain permission from non-union members before using the non-members' fees for political purposes violate unions' First Amendment rights?

Holding: judgment vacated and remanded
Vote: 9-0
Opinion By:
Read DAVENPORT V. WASHINGTON ED. ASSN. opinion (PDF)

Other Resources for Davenport v. Washington Ed. Assn.:
resource.org
justia.com
wikipedia.org