Monday, March 22, 2004

Mackinac Center Wins Court Battle with MEA 

Libertarian organizations often do not see eye-to-eye with teacher's unions. Libertarians fight for the right of students to attend the private or public schools of their choice and organizations like the NEA see choice as a threat because private or charter schools often use un-certified teachers who don't join their union and therefore don't pay dues. In fights over school choice in the past the unions have used whatever financial resources they have in an effort to stop students from escaping the government's monopoly over elementary and secondary education.

But in a move that shocked even those of us familiar with the tactics of the protectors of the status-quo, the Michigan Education Association (MEA) sued the Machinac Center in 2001 over a fundraising letter issued by the free-market group. The mailing quoted the head of the MEA praising the fine research work of Machinac, even though the MEA and Machinac have for years publicly aired their strong disagreements over public policy issues.

Machinac defended the content of the letter as a right to free speech. The union said that the 1st Amendment was not applicable because the quotation was used in a commercial attempt to raise funds.

Last week an appeals court dismissed the lawsuit, agreeing with Machinac that they had a constitutional right to include the MEA President's quote. Machinac was defended by the Institute for Justice.

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