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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In Roberts the United States Jaycees had challenged an order of the Minnesota
Department of Human Rights alleging that the exclusion of women from full
membership in the Jaycees violated the Minnesota Human Rights Act . The
Did the admittance of women into the Jaycees dilute their message and alter their
voice ? Brennan acknowledged that the right to associate for expressive
purposes , like other freedoms , was not absolute . The right could be limited by a
United States Jaycees ( 1984 ) , we addressed just such a conflict . The Jaycees
was a nonprofit membership organization “ designed to inculcate in the individual
membership ... a spirit of genuine Americanism and civic interest , and ... to ...
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