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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The Court emphasized that the case did not challenge “ the right of a private
social organization to limit its membership on racial or any other grounds [ or ] the
right of a private school to limit its student body to boys , to girls , or to adherents
of a ...
He did not believe that the right not to associate should limit a state from
broadening voter participation in " state - run , state - financed elections . ”
Stevens distinguished this power from Tashjian , when the Republicans were
prevented from ...
It brought before the courts novel questions of the appropriate limits of
congressional inquiry . ... this period that the Fifth Amendment privilege against
self - incrimination was frequently invoked and recognized as a legal limit upon
the authority ...
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