Bain

*1145 Proceedings: IN CHAMBERS ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS [75]

Background

On April 3, 2015, four dues-paying members of public school teachers’ unions (“Plaintiffs”) filed suit against teachers’ unions and school superintendents (“Defendants”). (CompUff 21-34.) In their first amended complaint (“FAC”), Plaintiffs allege that they are “effectively compelled” to relinquish their First Amendment right not to speak because they cannot enjoy substantial employment-related benefits and union voting rights without making contributions that fund the unions’ political and ideological activities. (See FAC ¶¶ 4-17.)

On July 17, 2015, Defendants moved to dismiss the FAC for failure to state a claim for which relief can be granted. (Dkt.75.) Defendants argue: (1) no First Amendment violation can result from internal union decisions because that is not state action; (2) even if there is a state action, pressure to join or remain in a union does not amount to an unconstitutional condition and; (3) Plaintiffs’ relief sought would violate Defendants’ First Amendment rights by hindering their right of association through their right of self-governance. (See id. at 7-24.)

For…