Will the Supreme Court adopt a compromise proposed by the late Justice Scalia rather than overturn a 40-year-old precedent integral to First Amendment doctrine? In this article, published by the Knight First Amendment Institute at Columbia University, author Christopher Babbitt, discusses the case Janus v. American Federation of State, County, and Municipal Employees, Council 31.
Excerpt: The Supreme Court heard oral argument this week in a case that could upend decades of First Amendment doctrine in areas well beyond the context of organized labor in which it arose and where its consequences will be most directly felt. The argument was unusually intense, yet also unusually revealing about the choice posed for the Court. Read the article.