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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This expansion of state authority has brought about a classic constitutional
confrontation between liberty and equality , raising complex questions :
antidiscrimination laws in particular call for the expansion of government
authority ; freedom of ...
Yet the Dale Court did not dispute the finding in Duarte that antidiscrimination
laws serve a compelling state interest and can apply to a private organization so
long as they are unrelated to the suppression of ideas and are the least restrictive
But we must inquire whether the group is , in fact , expressing a message (
whatever it may be ) and whether that message ( if one is expressed ) is
significantly affected by a State's antidiscrimination law . More critically , that
inquiry requires ...
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