Ruling Pending on Preliminary Injunction Against HB 3789 

Eugene, OR – The Freedom Foundation today presented oral arguments in federal court seeking a preliminary injunction against Oregon HB 3789, a law that threatens the organization with millions in penalties for informing public employees about their constitutional rights.  

In Freedom Foundation v. Rayfield, et al., the organization’s attorneys argued that the statute is not a legitimate anti-fraud measure but an unconstitutional attempt to silence speech opposed by unions and their legislative allies.  

The court has not yet ruled.  

“We made a strong constitutional case today. HB 3789 uses undefined terms and severe financial penalties to target speech the unions don’t like,” said Freedom Foundation Litigation Counsel Rebekah Schultheiss. “The First Amendment doesn’t allow that, and we’re confident the court will recognize this law for what it is.”  

The law, which took effect on Jan. 1, allows unions to sue the Freedom Foundation for “impersonating” a union.  

Key terms like “misleading impression” and “intent to undermine” are left undefined, making violations impossible to predict.  

The Freedom Foundation has never impersonated union representatives, nor does it wish to. Yet the Oregon Legislature pointed to the group’s outreach as the reason to pass HB3789, indicating that the bill was designed to impede the Freedom Foundation’s efforts to educate public sector workers about their First Amendment right to decline union membership and dues without losing their job.  

“We made our case to the court today, and now we wait,” said Aaron Withe, CEO of the Freedom Foundation. “What’s at stake here is bigger than just our organization. It’s whether the government can use vague laws and financial threats to silence speech it doesn’t like. Workers have a constitutional right to know their options, and we’re fighting to protect that right.”

A ruling is expected in the coming days or weeks.