Forced Association: a violation of First amendment rights.
https://www.mackinac.org/mackinac-center-sues-the-state-bar-of-michigan-for-first-amendment-violation
Does mandated membership violate the First amendment?
Attorneys in Michigan are currently mandated to be members of the Michigan State Bar Association. As part of this membership, they are required to pay annual fees in order to legally practice law in the state. This may seem typical as many other professions require a fee to practice, however, the Michigan Bar association has blurred the lines between the Bar and the associated society. Additionally, the Bar Association is the only organization to arrange membership in this fashion. To put this into context, Medical professionals in the State of Michigan also have to pay annual licensing fees, as do teachers, however, these fees do not automatically enroll these professionals into the medical society or education association. If professionals wish to join those associations they may elect to do so if it aligns with their views. Attorneys, however, do not have this choice in the state of Michigan. Attorneys are automatically enrolled in the Bar association regardless of whether the society aligns with their views or not.
The supreme court has already ruled in Janus v. AFSCME that requiring public employees to pay union fees violates their first amendment right. In spite of this, the Bar association of Michigan has made no changes to their membership policies. Additionally, Michigan is not alone in this practice. Approximately 30 other states host policies of captive membership, it is not stated whether any of these states have moved to rectify this first amendment violation. But then again how does one sue the organization that allows them to practice law?
Does mandated membership violate the First amendment?
Attorneys in Michigan are currently mandated to be members of the Michigan State Bar Association. As part of this membership, they are required to pay annual fees in order to legally practice law in the state. This may seem typical as many other professions require a fee to practice, however, the Michigan Bar association has blurred the lines between the Bar and the associated society. Additionally, the Bar Association is the only organization to arrange membership in this fashion. To put this into context, Medical professionals in the State of Michigan also have to pay annual licensing fees, as do teachers, however, these fees do not automatically enroll these professionals into the medical society or education association. If professionals wish to join those associations they may elect to do so if it aligns with their views. Attorneys, however, do not have this choice in the state of Michigan. Attorneys are automatically enrolled in the Bar association regardless of whether the society aligns with their views or not.
The supreme court has already ruled in Janus v. AFSCME that requiring public employees to pay union fees violates their first amendment right. In spite of this, the Bar association of Michigan has made no changes to their membership policies. Additionally, Michigan is not alone in this practice. Approximately 30 other states host policies of captive membership, it is not stated whether any of these states have moved to rectify this first amendment violation. But then again how does one sue the organization that allows them to practice law?
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