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New York Democratic Gov. Kathy Hochul is being accused of conducting a “hit job” on free speech on behalf of teachers unions after she signed a law giving the state attorney general the power to fine groups deemed to be engaged in deceptive communications that falsely appear to be authorized by a union.
Hochul signed a law last week prohibiting people and organizations from using deceptive communications that falsely appear to be authorized by a union or union representative. The law, which took immediate effect, allows Democratic Attorney General Letitia James to investigate and sue to stop alleged violations, including those involving out-of-state groups. Courts can impose fines of up to $1,000 per incident.
In response, the Freedom Foundation, a conservative nonprofit that campaigns against public-sector unions, including teachers’ unions, says New York’s new law is a targeted effort to silence its outreach by making its communications vulnerable to government investigations, lawsuits and fines.
CEO Aaron Withe called the law a “hit job.” He said the law “isn’t about protecting anyone,” adding that it instead “exists because government unions in New York are terrified of an inconvenient fact: when public employees learn they don’t have to pay union dues, a lot of them stop. So instead of making their case to their own members, union bosses ran to their friends in the legislature and got them to write a law that makes speech illegal.”
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Fox News Digital reached out to Hochul’s and James’ offices for comment. Fox News Digital also reached out to the New York State United Teachers, United Federation of Teachers and the AFL-CIO for comment.
The law allows James to investigate alleged violations, issue subpoenas and ask a court to block communications deemed deceptive. Courts can impose fines of up to $1,000 per violation, including against organizations outside New York.
The New York State American Federation of Labor and Congress of Industrial Organizations (NYS AFL-CIO) praised Hochul’s decision to sign the bill, which she signed along with two other pieces of legislation related to labor rights. Mario Cilento, president of NYS AFL-CIO, remarked that the law will be “holding individuals accountable for fraudulently claiming to be union representatives.”
He said the slate of bills signed by Hochul “put workers first.”
In an X post, Hochul similarly framed the bills as prioritizing workers, writing, “Today marks a new day with even more protections, because I’ll never stop fighting for our workers.”
“New York State gave birth to the labor movement. Over the last five years, I have continued that legacy by fiercely supporting the men and women of labor,” wrote Hochul.
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Meanwhile, the Freedom Foundation has mailed and otherwise contacted New York public employees, including teachers, to inform them of their ability to leave their unions and stop paying dues. Nearly 7,500 New York public employees have used Freedom Foundation materials to cancel their union memberships, including more than 1,400 so far this year, according to the group.
In a statement to Fox News Digital, Withe pointed to the 2018 Supreme Court decision in Janus v. AFSCME, which held that public-sector employees, including public school teachers, cannot be forced to pay union fees for collective bargaining or other speech because that speech can involve political issues protected by the First Amendment.
He said that while the New York law “lets Letitia James fine the Freedom Foundation for outreach the state decides ‘impersonates’ a union … all we’re doing is telling public employees what already gives them: the right to leave their union and stop paying dues.”
“This is an anti-speech law aimed at one kind of speaker,” said Withe.
He asserted that the New York law was “copied” from a similar measure in Oregon, which the Freedom Foundation is already challenging in the 9th U.S. Circuit Court of Appeals. He said his organization will “make the same case here.”
Fox News Digital spoke with Ryan Walters, former superintendent of Oklahoma public schools and CEO of Freedom Foundation’s education arm, the Teacher Freedom Alliance. Walters called the New York law an example of “pure censorship and targeting of political opponents by Democrats protecting their union bosses.”
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“This is such a canary in the coal mine moment where if New York is allowed to do this – an openly socialist mayor, a governor operating as a tyrant doing the behests of the teachers’ unions – it’s going to go on across the country, and our schools will not be able to improve in that kind of environment,” he said, adding, “Where New York goes with this is going to be where the other blue states follow.”
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He posited that the New York law “shows you how important that power structure is for the Democrat party.”
“They have to control the school system to continue to control the country,” he said. “Despite elections, they still control these education systems at large. That’s why the teachers’ unions are enemy number one of progress in this country and why New York needs to be taken on directly for what they’re doing.”
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