Diane Gruber, et al. v. Oregon State Bar, et al.
FirstAmendment JusticiabilityDoctri
This case involves compelled speech of attorneys
and whether that compelled speech unconstitutionally
infringes upon the attorneys' Freedom of Speech:
1. Did Keller v. State Bar of California, 496 U.S.
1, 110 S. Ct. 2228, 110 L. Ed. 2d 1 (1990), actually decide that an integrated bar may use mandatory dues
for germane speech or was it dictum and therefore not
binding precedent?
2. If Keller did actually decide that an integrated
bar may use mandatory dues for germane speech,
should Keller be overruled to be consistent with Janus
v. AFSCME, et al., -
U.S.
—, 138 S. Ct. 2448, 201
L. Ed. 2d 924 (2018)?
Whether compelled speech of attorneys unconstitutionally infringes upon their Freedom of Speech