Freedom of speech—the ability to freely voice our emotions and desires without coercion—is one of our most personal rights.

Indiana Bill SB 297 protects Indiana teachers’ freedom of speech.

The bill requires that Indiana teachers be notified of their rights to join or not join a teachers union, and gives them the right to opt-IN to the union instead of being forced to opt-out. While SB 297 has been a massive victory for Indiana teachers, it was only made possible by the tireless work of the Mackinac Center for Public Policy.

Opt-out confusion and red tape

SB 297 became Indiana law in 2022, but much of the groundwork for that victory stemmed back to the 2018 Supreme Court case Janus v. AFSCME.

In Janus, the Supreme Court ruled that public employee unions could not force government workers to pay union dues if they chose not to. The Janus decision stemmed from the fact that public employees—just like the rest of us—have a First Amendment right to decide what organizations they support.

The Janus impacts were massive. Across the country, public sector unions could no longer force government workers to pay union fees. However, unions quickly found ways to make it difficult—if not impossible—for government workers to actually leave the union and stop paying fees.

This was the situation in Indiana. After Janus passed, the Indiana State Teachers Association (ISTA) only allowed Indiana teachers to leave the union during a one-month opt-out period. And what month was ISTA’s opt-out period? August—which as Indiana teacher Angela Sheffield explains also happens to be teachers’ busiest month of the year, “During the month of August, teachers are typically gearing up for a new school year—setting up classrooms, preparing first lessons, welcoming new students, and establishing rules and routines that will help us manage our classrooms for the next 10 months. With all the chaos and excitement a new year brings, evaluating association membership is likely not on a teacher’s extensive to-do list.” Also, as Sheffield explains, “This opt-out period is nearly impossible to find. Unless a teacher has a hard copy of their membership form, they must go online and attempt to re-join ISTA in order to read the fine print.  It seems counterintuitive, but it is correct; in order to opt out, you have to attempt to re-join to get the information you need.”

The Mackinac Center brings workplace freedom to Indiana teachers

Indiana teachers deserved better. That’s why the experts at the Mackinac Center stepped up to help deliver results.

To start, the Mackinac Center Workers for Opportunity team spent months educating and working with senior members of Indiana’s legislature on what the Janus decision meant for Indiana public employees.

Then, they requested that the Indiana Attorney General clarify the impact of the Janus ruling for Indiana. Because of Mackinac’s request, on June 17, 2021, Attorney General Curtis Hill called on state leaders to make reforms that would properly protect Indiana public employees’ Janus rights.

That’s when the Mackinac team hired an on-the ground lobbyist to build a coalition and provide support for a bill to defend Indiana teachers’ First Amendment rights.

The bill that emerged from those efforts was SB 251, which required that: 

1. Public employers obtain annual permission directly from teachers before deducting union dues from their paychecks.
2. Teachers unions allow employees to leave the union at any time—not just during an opt-out window.
3. Teachers receive and sign opt-in paperwork declaring they are aware of their First Amendment rights.

However, with public policy—as with life—the devil is in the details. Months after SB 251 was signed into law, an Indiana court issued an injunction saying that the language notifying teachers of their First Amendment rights was itself a violation of their First Amendment rights. By reading, “I am aware that I have a First Amendment right…” the court said, the document presumed to speak for teachers. So the Mackinac team worked with legislators to draft and pass SB 297, which changed the opt-in paperwork to read, “The State of Indiana wishes to make you aware that you have a First Amendment right…”. It was a small but important change.

Unlike its predecessor, SB 297 marked a complete and unqualified victory. Not only were teachers’ First Amendment rights protected, but Indiana’s opt-in law had now been thoroughly tested in the courts.

Victories like passing SB 297 aren’t easy. To get this legislation passed the finish line the Mackinac Center teamed up with Americans for Prosperity, Indiana Professional Educators, and State Policy Network. And together, they earned a victory that ensured Indiana teachers’ freedom of speech—that incredibly personal right—stays fully intact.