Public Defenders Shouldn’t Be Forced to Support a Union’s Anti-Israeli Speech

Two New York City lawyers object to having to support speech that they believe attacks their very identity and existence.

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No one should be forced to pay money to an organization that advocates for points of view that they find deeply offensive. For example, a Jewish person shouldn’t be forced to pay for an organization that advocates ideas that he or she considers antisemitic. That’s the situation that Arnold Levine and Allen Popper, longtime public defenders in New York City, find themselves in. Arnold and Allen have both long represented criminal defendants who are unable to afford their own defense attorneys, a job that is extremely difficult and often thankless, involves long hours, and can be emotionally and psychologically draining.

To do their jobs, Arnold and Allen have to pay money to a union. Worse, that union has adopted several resolutions that Arnold and Allen, who are Jewish, believe are antisemitic, support terrorists, and promote the destruction of Israel. The First Amendment prohibits the government from compelling a person to subsidize other people’s political speech — including a union’s speech. So how do Arnold and Allen find themselves in this situation?

Jeffrey Schwab

About the Author

Jeffrey Schwab

Jeffrey Schwab serves as senior counsel at Liberty Justice Center.

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