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Keller v. State Bar of California, 496 U.S. 1, 110 S.Ct. 2228, 110 L.Ed.2d 1, 58 USLW 4661

Facts

The State Bar of California is an integrated bar association requiring membership and dues for practicing law in the state. It uses dues for self-regulatory functions and also engages in lobbying, educational programs, and other activities. Petitioners, members of the Bar, claimed that the Bar's use of mandatory dues for political and ideological causes violated their First and Fourteenth Amendment rights. The trial court ruled in favor of the Bar, but the Court of Appeal found that the Bar's activities were more akin to those of a labor union, leading to the Supreme Court's review.

Respondent State Bar of California (State Bar) is an 'integrated bar'— i.e., an association of attorneys in which membership and dues are required as a condition of practicing law—created under state law to regulate the State's legal profession.

Issue

Did the State Bar of California violate the First Amendment rights of its members by using compulsory dues to finance political and ideological activities with which they disagreed?

The Supreme Court held that State Bar's use of compulsory dues to finance political and ideological activities with which members disagreed violated their First Amendment right of free speech.

Rule

The use of compulsory dues to finance political and ideological activities violates the First Amendment when such expenditures are not necessarily or reasonably incurred for the purpose of regulating the legal profession or improving the quality of legal services.

The State Bar's use of petitioners' compulsory dues to finance political and ideological activities with which petitioners disagree violates their First Amendment right of free speech when such expenditures are not necessarily or reasonably incurred for the purpose of regulating the legal profession or improving the quality of legal services.

Analysis

The Supreme Court analyzed the nature of the State Bar as a governmental agency and its funding structure, concluding that it is not a typical government agency. The Court applied the standard from Abood v. Detroit Board of Education, determining that the Bar's activities must be closely related to its regulatory functions. The Court found that while some activities were permissible, others, particularly those with political or ideological implications, were not justifiable under the First Amendment.

The State Supreme Court's determination that the State Bar is a 'government agency' for the purposes of state law is not binding on this Court when such a determination is essential to the decision of a federal question.

Conclusion

The Supreme Court reversed the lower court's decision, holding that the State Bar's use of compulsory dues for political and ideological activities violated the First Amendment rights of its members.

Reversed and remanded.

Who won?

Petitioners, members of the State Bar of California, prevailed because the Supreme Court found that their First Amendment rights were violated by the Bar's use of compulsory dues for non-regulatory activities.

Petitioners, members of the State Bar, sued that body, claiming its use of their membership dues to finance certain ideological or political activities to which they were opposed violated their rights under the First Amendment of the United States Constitution.

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