Compelled Unionism in the Private Sector After Janus: Why Unions Should Not Profit from Dissenting Employees

Authors

Giovanna BonafedeFollow

Abstract

This Note examines the impact of the 2018 landmark labor law case Janus v. AFSCME. Janus held it unconstitutional under the First Amendment to require public sector employees to pay fees to a union to which they are not a member. The Supreme Court based their decision on the idea that compelling public employees to subsidize union speech to which they disagreed violated their free speech rights. The author argues that the Court’s holding in Janus should be extended to protect the free speech rights of private sector employees through a finding of state action in the private unionized workplace.

Recommended Citation

Giovanna Bonafede, Compelled Unionism in the Private Sector After Janus: Why Unions Should Not Profit from Dissenting Employees, 70 Cath. U. L. Rev. 677 (2021).
Available at: https://scholarship.law.edu/lawreview/vol70/iss4/9