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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The first step in removing this double standard came with ratification of the
Fourteenth Amendment after the Civil War in 1868. Section 1 contained majestic ,
but undefined , checks on states : " No State shall make or enforce any law which
... the Supreme Court had to expand both the protection and the meaning of the
First and Fourteenth Amendments . ... clauses of the First Amendment into the
due process clause of the Fourteenth Amendment , thus applying them to state
We applied the same principles in judging state action claimed to infringe rights
of association assured by the Due Process Clause of the Fourteenth Amendment
, and stated that the " subordinating interest of the State must be compelling ” in ...
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