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 district court argued that political parties ' associational rights differ from
those of private clubs and associations . States have substantial regulatory
authority over parties in setting election and voter registration rules that they do
not have ...
party affairs are Party's rule limiting participation in its primary to whites ; in Terry ,
we invalidated the same rule ... These cases held only that , when a State
prescribes an election process that gives a special role to political parties , it ...
Such forced association has the likely outcome — indeed , in this case the
intended outcome of changing the parties ' message . We can think of no heavier
burden on a political party's associational freedom . Proposition 198 is therefore ...
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