Alito’s Folly, Part 3: Looking at how the SCOTUS Janus decision turns the First Amendment on its head

Tim Libretti, PhD
Sep 9, 2018 · 7 min read

In her dissent to the Supreme Court’s recent Janus decision, which declared that public sector unions’ right to collect fair share dues from non-union members violated those workers’ First Amendment rights, Justice Elena Kagan lambasted the ruling for “turning the First Amendment into a sword.” She criticized it for exploiting the First Amendment to curtail rather than foster freedom and democracy, asserting that the First Amendment “was meant not to undermine but to protect democratic…

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