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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Given this degree of state action in the primary process , the Court concluded that
the Fifteenth Amendment prohibited a state from “ casting its electoral process in
a form which permits a private organization to practice racial discrimination in ...
When referring to the varied forms of governmental action which might interfere
with freedom of assembly , it said in American Communications Assn . v . Douds ,
supra , at 402 : “ A requirement that adherents of particular religious faiths or ...
... the First Amendment a member of the Communist Party who knows that the
Party has been held to be a Communist - action organization may not be barred
from employment in defense establishments important to the security of the
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