The Federalist Society

Does the First Amendment Allow States to Compel Recipients of Government Monies to Support State-Designated Representatives?

Engage, Volume 11, Issue 2

August 31, 2010

William Messenger

A basic precept of democracy is that citizens choose their representatives in government. A growing trend in several states raises a new question: can governments choose representatives for their citizens?

Increasing numbers of states are designating entities to act as the mandatory representatives of groups of citizens vis-à-vis state agencies with respect to government programs that affect those citizens. The state-designated representatives are granted exclusive privileges to speak with state agencies to influence their administration of the government programs, and the citizens are compelled to pay for this compulsory representation...

Does the First Amendment Allow States to Compel Recipients of Government Monies to Support State-Designated Representatives?  


The Federalist Society