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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particular attention on the first Supreme Court case to give even a hint of
recognition to freedom of association , United States v . Cruikshank ( 92 U.S. 542
; 1875 ) . In Chapter 3 freedom of association emerges as a judicially determined
As we give deference to an association's assertions regarding the nature of its
expression , ” Rehnquist asserted , “ we must also give deference to an
association's view of what would impair its expression . ” Rehnquist
acknowledged that the ...
That priority gives these liberties a sanctity and a sanction not permitting dubious
intrusions . And it is the character of ... Only the gravest abuses , endangering
paramount interests , give occasion for permissible limitation . It is therefore in our
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