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 is beyond debate that freedom to engage in association for the advancement of
beliefs and ideas is an inseparable aspect of the ' liberty ' assured by the Due
Process Clause of the Fourteenth Amendment , which embraces freedom of ...
Forced disclosure , Harlan concluded , “ is likely to affect adversely the ability of
petitioner and its members to pursue their collective effort to foster beliefs which
they admittedly have the right to advocate . ... It may induce members to withdraw
Compelled disclosure of membership in an organization engaged in advocacy of
particular beliefs is of the same order . Inviolability of privacy in group association
may in many circumstances be indispensable to preservation of freedom of ...
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