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 ruled that the regulation of party structure infringed upon the party's
freedom of association . “ By regulating the identity of the parties ' leaders , ” the
Court ruled , “ the challenged statutes may also color the parties ' message and ...
the party for which they were registered . Under the blanket primary each voter's
ballot listed ... The candidate of each party who won the most votes would be that
party's nominee for the general election . For example , a voter could vote for a ...
party affairs are Party's rule limiting participation in its primary to whites ; in Terry ,
we invalidated the same rule promulgated by the Jaybird Democratic Association
, a “ self - governing voluntary club . ” These cases held only that , when a ...
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