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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Equality , defined as protection from discrimination , has required the active
intervention of the state . The conflict between these two concepts produces a
constant , elastic tension . The framers of the Constitution were more enamored
of liberty ...
Thus , the obstacles to insinuating the imperatives of equality into the Constitution
were considerable . Even after the Thirteenth Amendment abolished slavery and
the Fourteenth Amendment guaranteed all persons the equal protection of the ...
An organization can propound that message implicitly ; it can tolerate dissenting
views and yet continue an exclusionary policy . The case represented another
clash between social equality and free expression when both have claims on the
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