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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goal of ensuring nondiscriminatory access to commercial opportunities in our
society ” ( Roberts , 631 ) . Although both Justices Brennan and O'Connor
recognized that the First Amendment did offer protection for expressive
Are labor unions , law firms , and trade associations commercial or expressive
associations ? Although the distinction between commercial and expressive
associations is hard to draw , it matters a great deal for First Amendment analysis
This case presents the question whether applying New Jersey's public
accommodations law in this way violates the Boy Scouts ' First Amendment right
of expressive association . We hold that it does . II In Roberts v . United States
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