In the 2006 case of Gary Davenport, et al. v. Washington Education Association (WEA), the U.S. Supreme Court ruled in favor of non-union teachers who objected to their compulsory union fees being used for political purposes without their consent. The court held that a Washington state law requiring labor unions to obtain affirmative authorization from a non-member before using his or her agency shop fees for election-related activities did not violate the First Amendment rights of the union. This decision upheld an individual's right not to fund political speech they disagree with and reinforced that unions must respect this choice by obtaining explicit permission before using funds in this way.

In the dissenting opinion for Davenport v. Washington Education Association, Justice Antonin Scalia argued that the majority's decision was inconsistent with previous rulings regarding union dues and First Amendment rights. He contended that non-union members should not be required to opt-in to have their fees used for political purposes, as this infringes on their free speech rights. Instead, he suggested an opt-out system would better protect these individuals' constitutional freedoms by allowing them to choose whether or not they want their money used in such a way. Furthermore, Scalia criticized the majority's interpretation of state law and its application of strict scrutiny analysis in this case.