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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Forcing a group to accept certain members may impair the ability of the group to
express those views , and only those views , that it intends to express . Thus , “ [ f ]
reedom of association ... plainly presupposes a freedom not to associate .
those who refuse to accept these views . The First Amendment protects
expression , be it of the popular variety or not . And the fact that an idea may be
embraced and advocated by increasing numbers of people is all the more reason
to protect ...
La Follette et al . , the Supreme Court rules that states cannot require a national
party convention to accept delegates chosen in an open primary if that violates
party convention rules . This ruling thus grants some freedom of association ...
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