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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They were quasi - commercial organizations ; they did not have a moral code
logically related to membership criteria ... The Boy Scouts was an inherently
expressive organization with a clear moral code , and courts must give deference
to an ...
adopted resolutions barring Communists from membership in the organization .
Moreover , the petitioner testified that all prospective officers of the local
organization are thoroughly investigated for Communist or subversive
connections and ...
An organization can adopt the message of its choice , and it is not this Court's
place to disagree with it . But we must inquire whether the group is , in fact ,
expressing a message ( whatever it may be ) and whether that message ( if one
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