The “Pro Act” bill threatens free expression


The more I hear about the “Pro Act” bill (it’s not an act till Biden signs it), especially from its supporters, the more convinced I am that it’s a threat not just to writers’ livelihoods but to free expression.

As I wrote in an earlier post, the bill is a wolf in sheep’s clothing. On the surface, it just grants freelancers a freedom we didn’t have before, the freedom to deal with clients through organizations. This ignores the reality of labor law, which gives unions the power to compel employers by force of law to enter into agreements. Outsiders often have the choice of joining the union, giving the union money without joining, or not working for a unionized employer.

First Amendment
The Pro Act bill would place the same restrictions on freelance writers. It would give unions significant power to keep people they don’t like from getting work. They might do it to restrict the supply and thus keep more jobs for themselves. They might have ideological reasons. However it works, it will create barriers to entry for writers who aren’t insiders. The barriers will most severely affect people who don’t already have a strong client base. The less money you’re making, the heavier the union’s burden is. Well-known writers who have gathered political enemies will be at risk as well.

I can imagine either Trumpist or left-wing groups wanting to manipulate the rules to keep everyone outside their circle out. The left worries me more, simply because they’re more likely to control writers’ unions, but I wouldn’t be welcome in either group.

Don’t be fooled by the Pro Act bill hype. It’s about restricting your choices, not giving you more.