8th Circ. OKs ND Bar's Opt-Out System For Use Of Dues

Law360, New York (August 17, 2017, 6:02 PM EDT) -- The Eighth Circuit ruled Thursday that the system the North Dakota bar uses for allowing members to opt in or out of programs funded with member dues is legal, rejecting arguments from a lawyer in the state that the system violated his First Amendment rights.

Arnold Fleck, who sued the State Bar Association of North Dakota over its opposition to a state ballot initiative and whose suit had already prompted the association to reform its opt-out procedures, couldn't convince the appellate court that the new system continued to violate his right to affirmatively consent to any use of his dues, with...

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