8th Circ. Says Dues Collected By ND Bar Are Constitutional

Law360 (August 30, 2019, 7:10 PM EDT) -- The dues collected by North Dakota's bar association do not violate the First Amendment, as the group clearly spells out its payment fees and options for a relatively sophisticated audience of lawyers, the Eighth Circuit determined Friday.

The three-judge appellate panel rejected arguments by attorney Arnold Fleck that the dues invoices used by the State Bar Association of North Dakota violate the First Amendment because they are "confusing" and "traps for the unwary," according to Friday's opinion. Lawyers must take the active step of writing a check to the organization, rather than see the money passively deducted from a paycheck, according...

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