WILL Argues that the State Bar Violates Members’ First Amendment Rights

The News: A federal judge has allowed a case against the Wisconsin State Bar (the Bar) to proceed, following a lawsuit from the Wisconsin Institute for Law and Liberty (WILL). WILL asserts that mandatory membership in the Bar is unconstitutional.

Under state law, attorneys are mandated to join the Bar and pay it hundreds of dollars in dues each year to practice in Wisconsin. The Bar then uses the dues to fund controversial political activities—thereby violating its members’ freedom of association and freedom of speech. A victory in this case would liberate thousands of attorneys from compelled membership, collectively saving attorneys statewide an estimated $5 million in annual dues.

The Quotes: WILL Associate Counsel, Skylar Croy, stated, “Mandatory Bar membership and dues were meant to regulate and improve the quality of legal services in the state. They were never supposed to assist the Bar in advancing a political agenda. No citizen should be forced to join and fund a group that advocates for causes with which he or she disagrees.”

WILL Client, Daniel Suhr, stated, “Today’s decision is an important first step toward achieving freedom and fairness for attorneys across Wisconsin. This decision reinforces basic First Amendment principles, like the right of each of us to choose for ourselves what causes deserve our support.”

Additional Background: Like many states, Wisconsin requires attorneys to become members of the Bar and to pay annual dues. This has been constitutionally challenged for decades. However, WILL’s claim that this violates freedom of association and freedom of speech advances new legal theories that have not been previously resolved. Because the Bar itself admits to engaging in activities that are not germane to either regulating or improving the quality of legal services, the federal court has agreed to decide if compelling membership or dues are unconstitutional.

The Bar has engaged in many controversial political activities, including its endorsement of Black Lives Matter, even though some members do not agree with these activities. It is unconstitutional to force attorneys to become members of an association and use their dues to promote projects that contradict their sincerely held beliefs.

All citizens have the right to voluntarily join or leave groups, just as any worker can choose to participate in or avoid a public-sector union, as the United States Supreme Court ruled in the 2018 Janus v. AFSCME decision. Ordering attorneys to maintain membership in a group that actively counteracts their interests violates the First Amendment, a crucial element of any free society.

Read More:

• Motion to Dismiss Denial, 8.19.24