New York Sued Over Law Targeting Union-Related Communications

The Washington-based Freedom Foundation is suing the state of New York over a new union-related communications law, arguing the measure violates the First Amendment and threatens its ability to inform public employees about their rights to leave a union and stop paying union dues. New York Gov. Kathy Hochul signed the measure into law on September 9 as part of an effort to crack down on deceptive communications that falsely appear to come from or be authorized by labor organizations. The Freedom Foundation argues the law goes much further and could target its outreach to public employees about union membership, union dues and opt-out rights. Attorneys for the Freedom Foundation have gone to federal court seeking a preliminary injunction to block enforcement of the law while their constitutional challenge proceeds. At the center of the lawsuit is the Freedom Foundation's outreach to government employees informing them of their rights following the U.S. Supreme Court's landmark 2018 decision in Janus v. AFSCME. In Janus, the Supreme Court ruled that states and public-sector unions cannot require nonconsenting public employees to pay agency fees to unions. Since that decision, the Freedom Foundation has made public employee union opt-out campaigns a major focus of its work. Freedom Foundation CEO Aaron Withe says the organization has helped more than 300,000 public employees leave unions nationwide, including thousands of government workers in New York. Withe argues that the organization's mailers and other communications simply inform public employees of their constitutional rights and clearly identify the Freedom Foundation as the source. He accuses unions and New York lawmakers of attempting to “silence” the organization and prevent workers from hearing information about leaving their unions and stopping union dues payments. New York supporters of the law characterize the measure differently, arguing it protects workers and labor organizations from deceptive communications that falsely appear to originate from a union or its representatives. That disagreement is now at the center of a federal First Amendment lawsuit. The case could determine how New York's new union communications law applies to outside organizations that contact public employees about union membership and opt-out rights. The Freedom Foundation is based in Olympia, Washington, giving the New York court fight a direct connection to Washington state. The organization says thousands of Washington public employees have also left their unions, where annual dues can represent a significant expense for individual government workers. Today's report examines the Freedom Foundation, New York Gov. Kathy Hochul, public employee unions, union dues, union opt-out rights, Janus v. AFSCME, the First Amendment, public-sector workers and the continuing legal fight over what outside organizations can tell government employees about union membership. Follow The Center Square for continuing coverage of Washington state, labor unions, public employees, government, constitutional rights and major court cases. Want the next important update by text? Get the Washington state government and policy developments worth your attention sent straight to your phone. Text TCSWA to 206-944-3016 or sign up here: https://joinsubtext.com/c/thecentersquarewa Msg & data rates may apply. #FreedomFoundation #NewYork #KathyHochul #FirstAmendment #FreeSpeech #LaborUnions #UnionDues #Janus #PublicEmployees #WashingtonState #UnionRights #WashingtonNews #TheCenterSquare #WashingtonInFocus