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Texas Lawyers Win Injunction Against Mandatory State Bar Fees

July 2, 2021, 10:50 PM

The Texas Bar Association’s policy of mandating both membership and dues violates attorneys’ First Amendment rights because the Bar uses funds for political and ideological activities not central to its purpose, the Fifth Circuit said Friday.

The circuit court granted summary judgment to a group of Texas attorneys on their claim that forced membership and fees violate their freedom of association. The court also granted a preliminary injunction, blocking the Bar from requiring either from the plaintiffs until the lower court can review remedies.

Attorneys challenged the state Bar’s legislative program, under which it lobbies for bills drafted by sections ...