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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It was against this background that the Supreme Court understood the need to
expand the protection of the First Amendment and to articulate freedom of
association as a constitutional right , as it did in NAACP v . Alabama ex rel .
However , in Gibson v . Florida Legislative Investigation Committee ( 372 U.S.
539 ; 1963 ) , the Court held that the Miami branch of the NAACP could not be
forced to disclose names of its members and contributors simply because a
In NAACP v . Alabama , in order to protect NAACP members from private
discrimination , the Court rejected Alabama's demand that the NAACP disclose
its membership list . The Court claimed that disclosure would subject members to
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