## Facts

- Illinois law designated AFSCME Council 31 as the exclusive representative for a bargaining unit of roughly 35,000 state employees.
- Nonunion employees were required to pay “agency” (fair-share) fees to fund collective bargaining, contract administration, and grievance processing.
- Mark Janus, an Illinois state employee who was not a union member, objected to paying these fees, contending they forced him to subsidize union speech about public-sector employment matters.
- Lower courts rejected Janus’s First Amendment challenge on the ground that prior Supreme Court precedent permitted compulsory agency fees for public-sector collective bargaining.
- The Supreme Court granted review to decide whether compulsory public-sector agency-fee arrangements are constitutional.

## Issues

1. Whether requiring nonconsenting public-sector employees to pay agency fees to an exclusive-representative union violates the First Amendment.
2. Whether precedent permitting such agency fees should be overruled.
3. Whether deductions of any such fees require affirmative, knowing consent.

## Decision

- The Court reversed in a 5–4 decision (Justice Alito).
- The Court held that extracting agency fees from nonconsenting public-sector employees violates the First Amendment.
- The Court overruled precedent that had upheld mandatory public-sector agency fees for collective-bargaining-related expenses.
- The Court stated that States and public-sector unions may not collect agency fees from nonconsenting employees.
- The Court required clear evidence of affirmative consent before any fees may be deducted from a public employee’s wages.

## Legal Principles

- The First Amendment protects both the right to speak and the right to refrain from speaking, including protection against compelled financial support of private speech.
- Public-sector collective bargaining addresses matters of public concern (e.g., wages, benefits, pensions, staffing, and budgets) and is treated as political in character for compelled-subsidy analysis.
- Compelling nonmembers to subsidize a union’s bargaining-related speech triggers heightened First Amendment scrutiny and is unconstitutional absent consent.
- Government interests in labor peace and preventing free riding do not justify compelled subsidies of union speech from nonconsenting public employees, particularly where exclusive representation is conferred by statute.
- Stare decisis provides reduced force when a precedent is inconsistent with First Amendment doctrine, proves difficult to administer, and perpetuates a constitutional violation.

## Conclusion

The Court held that mandatory agency fees for public-sector unions violate the First Amendment when imposed on nonconsenting employees, overruled prior authority approving such arrangements, and required affirmative consent before any union fees may be deducted from public employees’ pay.


Janus v. Am. Fed’n of State, Cnty., & Mun. Emps., Council 31, 585 U.S. 878 (2018)