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 1980s and later , the issue of antidiscrimination and private clubs would
provide occasions for the Court to define the concept somewhat more clearly .
ASSOCIATIONAL RIGHTS VERSUS CIVIL RIGHTS One of the great tasks of ...
Once an association is defined as expressive , O'Connor would grant it broad
control over its message and its membership . She believed that an association's
right to define its membership is related to the creation of its voice and that ...
... and membership rules consistent with that message . Right of Intimate
Association Derived , according to Justice William Brennan , from the general
concept of liberty found in the Fourteenth Amendment . As Brennan defined it in
Roberts v .
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