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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In the war against terrorism , the government argues that it must be able to
prosecute those with such connections without shouldering the burden of proving
criminal intent . In its responsibility to enforce both the Antiterrorism Act and the
DE JONGE V. STATE OF OREGON ( 1937 ) De Jonge was convicted under the
Oregon criminal syndicalism law . This law made it a crime to participate in a
meeting of an organization that advocated the unlawful use of force as a means
It is not wholly different from nor unrelated to the element of pertinency embodied
in the criminal statute under which petitioner was prosecuted . When the
definition of jurisdictional pertinency is as uncertain and wavering as in the case
of the ...
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