Lepak: A First Amendment victory within the Bar Association

A First Amendment Victory Within the Bar Association By Benjamin Lepak Attorneys in Oklahoma are required by law to join and pay dues to the Oklahoma Bar Association to practice their profession. The OBA uses that dues money for many things, including political advocacy. Consequently, lawyers are forced to fund political speech they may disagree with in order to earn a living. Many lawyers contend this mandatory bar arrangement fundamentally intrudes on their First Amendment rights. The U.S. Supreme Court agrees. In Keller v. State Bar of California, decided 30 years ago, the Court held it unconstitutional for bar associations to use mandatory dues to engage in political speech without providing meaningful procedures for lawyers to “opt out” of funding the speech. The key word here is “meaningful.” Last year, a Tulsa attorney filed a federal lawsuit against the OBA, alleging Oklahoma lawyers’ First Amendment rights were protected only on paper, not in reality. Read more » by Jamison Faught - August 29, 2020 at 11:42AM

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