Davenport V. Washington Education Association - The Court's Decision

The Court's Decision

Justice Antonin Scalia wrote the decision for a unanimous Court, and overturned the previous Washington Supreme Court's ruling. Justice Scalia outlined two reasons why the Court believed that the Washington statute was constitutional:

1. Using the Court precedents established by Abood and Teachers, the Court argues that the Washington Supreme Court misinterpreted the Supreme Court's reasoning in those previous rulings. The Washington Supreme Court argued that the clause "dissent is not to be presumed—it must affirmatively be made known to the union by the dissenting employee." in Hudson demonstrates First Amendment partiality to one group (the petitioners) and marginalizes the unions understood freedom of expression. Justice Scalia argues that the Court misinterpreted the ruling, and in fact, voters can limit the entitlement that unions have to collect and use non-members funds.
2. The Washington statute was not unconstitutional because of the distinction between public and private sector unions. The unions violated the extent of the non-members free speech because they were using tax-payers dollars to fund political election campaigns. This limitation of the union's free speech protection is not content based, argues Justice Scalia. The voters of Washington passed a law that prevents the government from "acting in a capacity other than as regulator." Therefore, it does not threaten the "marketplace of ideas" that the First Amendment seeks to protect.