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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The state claimed it had two compelling interests : stable government and
protecting voters from confusion . The Court recognized that stable government
was a compelling interest but did not buy the argument that banning parties from
Absent such a relation between the NAACP and conduct in which the State may
have a compelling regulatory concern , the Committee has not " demonstrated so
cogent an interest in obtaining and making public ” the membership information ...
Compelling such an organization , engaged in the exercise of First and
Fourteenth Amendment rights , to disclose its membership presents , under our
cases , a question wholly different from compelling the Communist Party to
disclose its own ...
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