Analysis

By Honoring Football Anthem Protests, Union Dishonors Teachers Who Dissent

Example of how NEA’s compulsory dues violated teachers First Amendment rights

The National Education Association awarded the union’s highest honor - called the President’s Award - to former NFL quarterback Colin Kaepernick for political activism related to last year’s national anthem demonstrations by professional football players.

The recognition of Kaepernick by the national teachers union sheds an interesting light on the recent U.S. Supreme Court ruling against public employee unions in the case of Janus v. AFSCME.

The Supreme Court ruled June 27 by a 5-4 vote that forcing public sector employees to pay dues or fees to a union violates workers’ First Amendment right to freedom of speech.

Kaepernick has become a polarizing force in this country. He angered many by comparing modern police to the slave patrols of the 1700s and 1800s, and by showing up for practice wearing socks with images of pigs in police hats.

Kaepernick’s explanation of why he refused to stand for the national anthem was: “I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color,” according to NFL.com.

A 2016 poll by Reuters stated that 61 percent of Americans do not agree with Kaepernick’s protests of racial injustice and police brutality. By choosing to honor Kaepernick then, the teachers union expressed a viewpoint that runs contrary to the beliefs of many of its members, and using those school employees' money to do so.

In a survey of its teachers done in 2006, the National Education Association found 45 percent of teachers under 30 classified themselves as conservative and 63 percent of teachers age 40 to 49 classified themselves as conservative.

And that gets to the essence of the Janus ruling by the highest court.

“Forcing free and independent individuals to endorse ideas they find objectionable raises serious First Amendment concerns,” the majority opinion stated.

Justice Samuel Alito wrote: “Compelling individuals to mouth support for views they find objectionable violates that cardinal constitutional command, and in most contexts, any such effort would be universally condemned. Suppose, for example, that the State of Illinois required all residents to sign a document expressing support for a particular set of positions on controversial public issues — say, the platform of one of the major political parties. No one, we trust, would seriously argue that the First Amendment permits this.”

Patrick Wright, the Mackinac Center for Public Policy’s vice president for legal affairs, said it was ironic that NEA gave out an award for civil rights activism when the Supreme Court ruled it had violated free speech rights of its own members for decades.

“For 41 years they have been stealing billions of dollars for political speech from people who disagree with it and now they are handing out a civil rights award to a controversial speaker,” Wright said.

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.

News Story

Big Michigan Utility Expects No ‘Significant Growth’ Of Electric Cars Here

Consumers Energy sees potential but projects no jump in power demand from EVs

Consumers Energy is not anticipating any significant growth in the number of all-electric and plug-in hybrid vehicles in Michigan, at least in the near future. That’s the conclusion it reached in plans for major changes to its electricity generation and electric distribution through the year 2040.

The regional monopoly provider of electricity and natural gas wrote in its June 15 integrated resource plan that the projected changes to its electricity generation plans do not “account for significant growth of EVs [all-electric and plug-in hybrid vehicles].”

The report explains further: “With an estimated 8 million total registered vehicles in Michigan, EVs account for a mere 0.2 percent of total registered vehicles in the company’s service territory.” According to the report, 12,500 to 15,000 electric vehicles were registered in the state in 2017.

The company does acknowledge growth potential in the electric vehicle market. It pledged to “continue to monitor developments in this industry, as well as projections by third-party data management companies.”

Consumers Energy is compelled by state law to file an integrated resource plan every five years with the Michigan Public Service Commission, which regulates the state’s electricity and gas utilities. The plan describes how the utility plans to produce and deliver energy in future years.

The commission can approve the plan or require the company to change it.

The commission uses a broad definition for electric vehicles, covering any vehicle that draws electricity from the grid, according to spokesman Nick Assendelft.

"Our interest in terms of [electric vehicles] is not the style of EV. Rather, it’s in the load the expanding number of EVs in Michigan would have on the state’s electrical grid; what that means for reliability; and what the rate structure would look like for utility customers,” Assendelft said in an emailed statement. “Any utility proposals will be evaluated in the context of individual rate cases.”

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.