GoofGoof
Premium Member
This makes a lot of sense to be a really good precedent. The government did not enact a generally applicable policy, it specifically singled out an entity. Sound familiar? In this case the court also confirmed that while the union had no constitutional right to the benefit that was revoked (just like Disney has no constitutional right to a special district), the government could not deny that benefit as a sanction for the expression of particular views they oppose. Also sounds familiar. Good work finding this oneMy 2 cents (if worth that) is that that is the wrong precedent for this lawsuit. Instead, the eleventh circuit’s ruling in Gwinnett County is more applicable. Here is the text from the very case they cite:
32 What our decision in Gwinnett County means, and whether it is distinguishable, is a question of law that we decide de novo. See Locke v. Shore, 634 F.3d 1185, 1191 (11th Cir. 2011). It is distinguishable. The facts of that case limit the holding of the decision to acts of governmental retaliation that explicitly single out a specific group. In that case, a school board adopted its superintendent’s recommendation to terminate the automatic payroll deduction of membership dues for members of the Georgia Association of Educators (GAE) and its local affiliate, the Gwinnett County Association of Educators (GCAE). 856 F.2d at 143–44. The recommendation came after the superintendent clashed with the GCAE over its representation of school system employees before the board and its affiliation with the National Education Association. Id. at 144 & n.1. The board members admitted that they had terminated the payroll dues deduction services for those reasons. Id. at 144. This Court held that — despite the fact that the teachers union had no constitutional right to automatic payroll deduction of membership dues — the county board of education could not deny the union’s members the benefit of that service as a “sanction[] for the expression of particular views it opposes.” Id. at 145 (quotation marks omitted).The crucial fact in Gwinnett County is that the school board did not adopt a generally applicable policy — it specifically singled out “GAE-GCAE members.”