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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If the exercise of the rights of free speech and free assembly cannot be made a
crime , we do not think this can be accomplished by the device of requiring
previous registration as a condition for exercising them and making such a
condition the ...
Yet , this concept of “ national defense ” cannot be deemed an end in itself ,
justifying any exercise of legislative power designed to promote such a goal .
Implicit in the term “ national defense ” is the notion of defending those values
and ideals ...
BSA's claim finds no support in our cases . We have recognized “ a right to
associate for the purpose of engaging in those activities protected by the First
Amendment - speech , assembly , petition for the redress of grievances , and the
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