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No. 19-670October Term 2019Decided May 4, 2020

Docket 19-670October Term 2019 (2019–2020)

Fleck v. Wetch

This case considers whether a state law violates the First Amendment by using an opt-out rule that presumes individuals consent to subsidizing a group's non-chargeable speech, rather than requiring affirmative opt-in consent.

Case status

Current stage
Decided
Latest event
Decision released May 4, 2020
Case Accepted
Arguments
Decision ReleasedMay 4, 2020
What it's about

This case considers whether a state law violates the First Amendment by using an opt-out rule that presumes individuals consent to subsidizing a group's non-chargeable speech, rather than requiring affirmative opt-in consent. It also asks whether the Court's prior decision in Keller should be reconsidered.

Question presented

1. Whether a state law violates the First Amendment by using an opt-out rule that presumes individuals consent to subsidizing a group's non-chargeable speech, rather than requiring affirmative opt-in consent. 2. Whether the Court's prior decision in Keller should be reconsidered.

Case path

United States Court of Appeals for the Eighth Circuit / Decision released May 4, 2020

Area

First Amendment

Grounding

Grounding
Primary-source trail available.
Note
Plain-English explainer. Official filings and opinions remain authoritative.
Checked
Mar 31, 2026
Primary materials5