Photo Credit: Courtesy of: Christopher Penler/ ShutterstockA U.S. appellate court has concluded that the Louisiana State Bar Association (LSBA) breached the free speech rights of its paying members. The 5th U.S. Circuit Court of Appeals ruled unanimously that various social media and website posts made by LSBA, including content on law school debt, health benefits, and LGBT Pride Month, infringed upon the First Amendment as they lacked relevance to enhancing legal services in the state.
This decision partially overturned a Louisiana federal judge’s dismissal of a lawsuit filed by Randy Boudreaux, an insurance defense attorney from New Orleans, contesting compulsory membership and funding of LSBA activities. Louisiana, like many other states, mandates lawyers’ membership in the state bar and the payment of annual dues up to $200.
While the U.S. Supreme Court in Keller v. State Bar of California upheld compulsory bar membership, it specified that the bar’s speech should pertain to legal regulation or practice enhancement. The 5th Circuit’s recent ruling refuted a broad interpretation of permissible speech under Keller, emphasizing that the LSBA’s content on topics like walnuts and exercise didn’t align with its purview.
The LSBA has not yet responded to requests for comment on this matter. James Baehr from the Pelican Institute for Public Policy, representing Boudreaux, expressed satisfaction with the court’s acknowledgment of free association and speech rights, anticipating a remedy upholding those rights in the district court.
Boudreaux’s suit, commenced in 2019, argued the unconstitutionality of mandatory bar association membership, drawing on the Supreme Court’s Janus v. AFSCME decision regarding the free speech rights of non-union workers. Although U.S. District Judge Lance Africk previously dismissed the case, the 5th Circuit’s recent stance aligned with other courts’ rejection of Janus’s impact on Keller, highlighting LSBA’s irrelevant speech in violation of Keller.
The court remanded the case to Africk to address the LSBA’s violations and determine appropriate remedies. The panel consisted of Circuit Judges Carolyn King and Jennifer Walker Elrod. The case is titled Boudreaux v. Louisiana State Bar Association, heard in the 5th U.S. Circuit Court of Appeals, No. 22-30564. Legal representation includes James Baehr of the Pelican Institute for Public Policy and Scott Freeman of the Goldwater Institute for Boudreaux.
