Freedom of Association: Rights and Liberties Under the Law
ABC-CLIO, 2004 - 265 σελίδες
Freedom of Association: Rights and Liberties under the Law chronicles the evolution of a right derived from but not granted in the First Amendment--freedom of association. An opening analysis of the Supreme Court's ruling against a gay adult member of the Boy Scouts of America illustrates the range and complexity of this issue.
Historical discussions of colonial America, including the British Parliament's efforts to suppress political associations, set the stage for a careful scrutiny of the political and legislative activities of the 1950s and 1960s when the Supreme Court established freedom of association as a constitutionally protected right. A concluding chapter delves into the contemporary issues of antidiscriminatory and campaign finance laws and explores the ever-present tension between liberty--freedom from the state--and equality--protection by the state.
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Expressive associations , ” the Dale brief claimed , “ have no unqualified right to
select their leaders in defiance of civil rights prohibitions ” ( Brief for Respondent ,
22 ) . Relying heavily on Roberts , Dale's lawyers asserted the Court should ask ...
Was it simply Dale's gayness that impaired the Boy Scouts ' message ? Was
Dale's homosexuality “ so inherently expressive that admitting him to the Scouts
would violate the organization's right against compelled association ” ( McGowan
Dale Creates a Constitutional Right to Exclude Gay Men . ” Journal of Law and
Policy 9 : 929–1000 . Garnett ... Romer , Hurley , and Dale : How the Supreme
Court Languishes with ' Special Rights . ” ” Kentucky Law Journal 89 ( Summer )
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