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9 - Unions and the Democratic First Amendment

from Part II - History, Politics, and Law

Published online by Cambridge University Press:  25 January 2022

By
Charlotte Garden
Edited by
Angela B. Cornell  and
Mark Barenberg
Angela B. Cornell
Affiliation:
Cornell University, New York
Mark Barenberg
Affiliation:
Columbia University, New York
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Summary

This chapter argues that a pro-democracy First Amendment should also be a pro-union First Amendment. It is an article of faith that a significant purpose of the First Amendment is to enable and improve democracy, by helping Americans access the information they need for democratic deliberation and participation. Further, a considerable body of research shows that labor unions make American democracy stronger and more representative. But despite this, the Supreme Court has treated unions’ political advocacy in cases involving union agency fees with suspicion and disdain. After describing this unfortunate situation – one that is likely to get worse under the current Supreme Court – the chapter closes on a note of optimism, looking ahead to a time when scholars and advocates can realistically begin the work of rebuilding a First Amendment that recognizes labor unions as democracy-enhancing institutions.

Keywords

labor unionscollective actiondemocracypoliticsFirst Amendmentfree speechSupreme Courtagency feesJanus v. AFSCME
Type
Chapter
Information
The Cambridge Handbook of Labor and Democracy , pp. 145 - 160
Publisher: Cambridge University Press
Print publication year: 2022

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