Glickman v. Wileman Brothers & Elliott, Inc., 521 U.S. 457, 27 (1997)

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Cite as: 521 U. S. 457 (1997)

Souter, J., dissenting

435 (1984) (statutory case); Machinists v. Street, 367 U. S. 740 (1961) (statutory case anticipating Abood), and have followed the same rationale in holding that state-compelled dues to an integrated bar association may not constitutionally be used to advance political and ideological causes distinct from the core objectives of professional regulation, Keller v. State Bar of Cal., 496 U. S. 1 (1990).

C

The Court recognizes the centrality of the Abood line of authority for resolving today's case, but draws the wrong conclusions from it. Since Abood struck down the mandatory "service fee" only insofar as it funded the union's expression of support for "ideological causes not germane to its duties as collective-bargaining representative," 431 U. S., at 235; see also id., at 232, the Court reads Abood for the proposition that the First Amendment places no limits on government's power to force one individual to pay for another's speech, except when the speech in question both is ideological or political in character and is not germane to an otherwise lawful regulatory program. Ante, at 471-473.3

1

The Court's first mistaken conclusion lies in treating Abood as permitting any enforced subsidy for speech that is germane to permissible economic regulation, in the sense that it relates to the subject matter of the regulation and

3 That is, the Court appears to hold that a compelled subsidy of speech does not implicate the First Amendment if the speech either is germane to an otherwise permissible regulatory scheme or is nonideological, so that each of these characteristics constitutes an independent, sufficient criterion for upholding the subsidy. See, e. g., ante, at 473 ("[The Abood] test is clearly satisfied in this case because (1) the generic advertising of California peaches and nectarines is unquestionably germane to the purposes of the marketing orders and, (2) in any event, the assessments are not used to fund ideological activities" (emphasis added)).

483

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