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67 Clev. St. L. Rev. Et Cetera 1 (2019)

handle is hein.journals/cvdstlw67 and id is 1 raw text is: CLEVELAND STATE LAW REVIEW ET CETERA
MAY 15. 2019

DOES JANUS VS. AFSCME SIGNAL THE DEATH OF
MANDATORY BAR ASSOCIATIONS?
BRENDAN WILLIAMS*
ABSTRACT
In Janus vs. AFSCME, a closely-divided U.S. Supreme Court overturned a 41-
year-old precedent and ruled that the practice of public sector unions charging agency
fees to non-members in bargaining units, without affirmative consent, was compelled
speech. The dissent warned that the decision had weaponized the First Amendment,
and noted that almost all economic and regulatory policy affects or touches speech.
Does the logic of Janus apply to mandatory bar association dues? There is strong
evidence it does. And if it signals the death of mandatory bar associations, would that
necessarily be a bad thing for the legal profession? This essay examines the evidence,
particularly as it involves the author's own licensing jurisdiction of the state of
Washington, and makes the argument that the traditional bar association model is a
thing of the past.

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CLEVELAND STATE LAW REVIEW ET CETERA
VOLUME 67              MAY 15, 2019             PAGES 1-14