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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When Congress ' exercise of one of its enumerated powers clashes with those
individual liberties protected by the Bill of Rights , it is our “ delicate and difficult
task ” to determine whether the resulting restriction on freedom can be ...
In particular , when the State interferes with individuals ' selection of those with
whom they wish to join in a common ... A The Court has long recognized that ,
because the Bill of Rights is designed to secure individual liberty , it must afford
Without deciding on the precise significance of the likelihood of misattribution , it
nonetheless becomes clear that in the context of an expressive parade , as with a
protest march , the parade's overall message is distilled from the individual ...
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