Oregon’s new pro-union law accused of chilling free speech, defying Supreme Court precedent 

Advocates for workers’ rights are challenging a new Oregon law in court for allegedly violating the First Amendment and discriminating in favor of unions.

Freedom Foundation filed the lawsuit Dec. 31 over HB 3789, which took effect on Jan. 1 and makes it illegal – to the tune of $6,250 – to “falsely impersonate a union representative.” 

However, the Freedom Foundation, which regularly sends public employees information about opting out of union membership, says the law could result in its work being targeted and unions weaponizing the legal process. 

The nonprofit foundation exists to advance individual liberty, free enterprise and limited government.  

“We’ve helped more than 35,000 Oregon workers exercise their Janus rights over the past seven years,” said Freedom Foundation CEO Aaron Withe. 

“Those workers have saved – and their unions have lost – over $100 million in dues. Instead of making their case to workers, Oregon’s unions lobbied for a law designed to silence us. We’re not going to let that happen.” 

Its lawsuit names Oregon Attorney General Dan Rayfield, the Oregon Employment Relations Board and several prominent unions as defendants. 

It alleges HB 3789 is explicitly pro-union and “plainly chills far more speech on one side of the debate and would allow public-sector unions to target entities like the Freedom Foundation merely for informing public-sector employees about their constitutional rights.” 

If Freedom Foundation was sued for each individual mailer, it could be charged nearly $1 billion in damages under Oregon’s new law. 

Freedom Foundation argues HB 3789 violates the First Amendment by infringing on protected speech and discriminating on the basis of viewpoint. 

The suit – and the Freedom Foundations’ mission – is rooted in the legal precedence of Janus v. American Federation of State, County, and Municipal Employees. In 2018, the Supreme Court ruled public sector employees such as plaintiff Mark Janus can’t be forced to pay dues to a union, even if the union collectively bargains on their behalf. 

Now, Janus is supporting the Freedom Foundation’s efforts to overturn HB 3789. 

“The Supreme Court ruled in 2018 that government can’t force workers to fund unions they don’t support,” he observed. “Oregon’s law does exactly what the court said states can’t do. It lets unions punish anyone who tells workers their constitutional rights exist.”