Janus v. American Federation of State, County, and Municipal Employees, Council 31

Supreme Court of the United States · 2018 · Constitutional Law

585 U.S. 878 (2018)

Updated July 20, 2026

Constitutional LawFirst AmendmentCompelled speechPublic-sector unionsStare decisisagency feesfair-share feespublic employees

Facts

Illinois law allowed a union chosen by a majority of employees in a bargaining unit to serve as the exclusive representative of all employees in the unit, including nonmembers. Under that system, nonmembers were required to pay an agency fee covering the portion of union expenses deemed chargeable to collective-bargaining-related activities, and Janus was required to pay $44.58 per month. Janus refused to join the union because he opposed many of its positions, including positions taken in collective bargaining, and alleged that he would not pay any fees if given the choice. Illinois deducted the fee without requiring Janus's consent.

Issue

May a State and a public-sector union require a nonconsenting public employee to pay agency fees to support union speech related to collective bargaining and related activities? If not, should Abood v. Detroit Board of Education be overruled?

Rule

States and public-sector unions may not extract agency fees or any other payments from nonconsenting public employees to subsidize union speech. Because compelled subsidization of private speech seriously impinges on First Amendment rights, such a scheme must at least satisfy exacting scrutiny by serving a compelling state interest that cannot be achieved through significantly less restrictive means, and a waiver of the employee's First Amendment rights cannot be presumed but must be shown by clear and compelling evidence of affirmative consent.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

The City of Denver recognizes the Mountain Plains Transit Guild as the exclusive representative for all city bus mechanics. Under a city ordinance, mechanics who decline union membership must still pay a monthly "representation support charge" to cover bargaining, grievance processing, and contract administration, and Omar Vega objects to the union's bargaining positions on overtime and pension funding.

If Omar sues under the First Amendment, what is the strongest argument against the ordinance?

Explanation. The majority held that states and public-sector unions may not extract agency fees or any other payments from nonconsenting public employees to subsidize union speech. Public-sector bargaining concerns matters of substantial public concern, and compelled subsidization seriously impinges First Amendment rights.