New York Governor Kathy Hochul signed a law last week that grants the state's attorney general the authority to investigate and fine organizations for using deceptive communications that falsely suggest authorization by a union or its representatives. The legislation, which took effect immediately, allows Attorney General Letitia James to pursue alleged violations, including those involving out-of-state groups. Violators could face fines of up to $1,000 per incident.
The Freedom Foundation, a conservative nonprofit that advocates against public-sector unions, has labeled the law a "hit job" on free speech. The organization argues that the law is specifically designed to silence its outreach efforts by making its communications subject to government scrutiny, lawsuits, and financial penalties.
"This law isn't about protecting anyone," stated Aaron Withe, CEO of the Freedom Foundation. "It 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."
The NYS AFL-CIO, however, praised the governor's action, with President Mario Cilento remarking that the law will hold individuals accountable for fraudulently claiming union representation. He added that the bills signed by Hochul "put workers first."
Governor Hochul echoed this sentiment on social media, framing the legislation as part of her ongoing commitment to worker protections. "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," she wrote.
The Freedom Foundation has been actively informing New York public employees, including teachers, about their rights to disaffiliate from unions and cease dues payments. The group reports that nearly 7,500 New York public employees have canceled their union memberships using the foundation's resources, with over 1,400 doing so this year.
Withe referenced the 2018 Supreme Court decision in Janus v. AFSCME, which established that public-sector employees cannot be compelled to pay union fees for collective bargaining or other speech activities that may involve political issues protected by the First Amendment. He argued that the New York law, by allowing fines for communications that "impersonate" a union, infringes upon the rights of public employees to be informed about their ability to leave their unions and stop paying dues.
"This is an anti-speech law aimed at one kind of speaker," Withe asserted.
The Freedom Foundation plans to challenge the New York law, citing a similar measure in Oregon that the organization is already contesting in the 9th U.S. Circuit Court of Appeals. Ryan Walters, former superintendent of Oklahoma public schools and CEO of the Teacher Freedom Alliance, called the New York law "pure censorship and targeting of political opponents by Democrats protecting their union bosses."
"Where New York goes with this is going to be where the other blue states follow," Walters warned, suggesting that the law represents a broader effort by the Democratic Party to control educational systems. He claimed that such control is essential for the party to maintain its influence, stating, "They have to control the school system to continue to control the country."