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 law was justified , the Court said , on the basis that the government rationally
concluded that the Communist Party was part of “ a world - wide integrated
movement which employs every combination of possible means , peaceful and ...
... it is permissible to inquire into the subject of Communist infiltration of
educational or other organizations does not mean ... individual Communists to
conceal party membership or affiliations by no means require the wholly different
We also held that Minnesota's law is the least restrictive means of achieving that
interest . The Jaycees had “ failed to demonstrate that the Act imposes any
serious burdens on the male members ' freedom of expressive association . ”
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