Do You Have to Compel Someone to Speak?

Justice Alito invoked Justice Thurgood Marshall to oppose fair share fees for public sector unions in Knox and Janice. "Everybody knows that fair share fees are just racist," he said, citing the example of Thomas Moore who paid for his life because he wouldn't affirmatively say it was wrong. The court has been divided on whether there is any principled basis for distinguishing between chargeable and non-chargeable expenses.