Last year, the Oregon state bar Bulletin ran two controversial comments. State bar members objected, arguing that because membership in the state bar is mandatory, publication of the comments constituted impermissible political commentary, and mandatory state bar dues could not be used to subsidize activity unrelated to the regulation of the state bar.

The case landed in the Ninth Circuit which affirmed the district court without deciding whether the controversial comments were germane to the bar’s purpose. Instead, the Court held that the Supreme Court’s 1990 decision in Keller v. State Bar of California foreclosed the plaintiff’s speech claim, rejecting the plaintiffs’ argument that since Abood—which underwrote Keller—had been overruled, exacting scrutiny governed speech claims in the context of mandatory bar membership.

The plaintiffs appeal this question to the Supreme Court, asking the Court to either read Keller to require exacting scrutiny or to overrule Keller and provide clarity to the courts across the country that are fielding free speech claims from similarly situated attorneys who are also members of integrated state bars.

Featuring:

-- Jacob Huebert, Senior Attorney, Goldwater Institute

-- Moderator: Erik S. Jaffe, Partner, Schaerr Jaffe LLP

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.