The following are summaries of opinions issued by the Fifth Circuit in October 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions.
FIRST AMENDMENT: All State Bar speech supported by mandatory dues must be directly related to regulating the legal profession or improving the quality of legal services.
Boudreaux v. La. State Bar Ass’n, 86 F.4th 620 (5th Cir. 2023).
In 2021, the Fifth Circuit—in parallel cases from Louisiana and Texas—held that compelling lawyers to join and financially support a state bar violates the First Amendment to the extent the bar uses mandatory dues to support non-germane speech.
Subsequently, the Louisiana State Bar made significant changes to its operations. Even so, Boudreaux maintained that the bar continued to violate the First Amendment.
The district court disagreed and dismissed his claims.
The Fifth Circuit reversed in part and rendered a preliminary injunction preventing the bar from requiring Boudreaux to join or pay dues.