Bloomberg Law
March 2, 2023, 9:33 PM

Oklahoma Bar Must Face Part of Compelled Speech Challenge

David McAfee
David McAfee
Staff Correspondent

A lawsuit challenging the Oklahoma Bar Association’s use of bar dues to subsidize speech on matters not germane to the practice of law as unconstitutional compelled speech will move forward.

The US District Court for the Western District of Oklahoma held that some of the second amended complaint’s allegations are sufficient to state a plausible free association claim.

Mark Schell, an attorney and member of the Oklahoma bar, sued in March 2019 alleging that the requirement that attorneys join the state bar association to practice in the state is unconstitutional. Defendants include the justices of the Oklahoma Supreme Court, the ...