Plaintiff Scott Lautenbaugh seeks declaratory and injunctive relief to redress and prevent the deprivation by Defendants, acting under color of state law, of his rights against compelled speech and compelled association protected by the First and Fourteenth Amendments to the United States Constitution. Specifically, those rights have been violated by the NSBA’s imposition of mandatory dues as a condition on the right to practice law in the State of Nebraska, a portion of which are used to fund political, ideological, and other non-germane activities (“non- chargeable activities”) which Plaintiff Lautenbaugh does not support. The NSBA has also failed to provide the constitutionally required procedural protections to safeguard Plaintiff Lautenbaugh’s First and Fourteenth Amendment rights.

Plaintiff Lautenbaugh seeks to represent a class of similarly situated NSBA members who object to use of their member dues for political, ideological, and other non-germane activities. Such members include those approximately 1,100 NSBA members who have opted out of contributing to the lobbying activities of the NSBA on their annual member dues statements, as well as those NSBA members who have filed a grievance pursuant to the NSBA’s grievance procedure. Such class members are, at a minimum, “potential objectors,” as that term was used by the U.S. Supreme Court in Chicago Teachers Union, Local 1000 v. Hudson, 485 U.S. 292, 306 (1986). As demonstrated herein, the prerequisites for class certification are present and the proposed class should be certified.