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 university presidents insisted that the invocation of the Fifth Amendment right
against self - incrimination “ places upon a professor a heavy burden of proof of
his fitness to hold a teaching position and lays upon the university an obligation ...
prevail in asserting the right of expressive association against a charge of
violating an antidiscrimination law , “ the organization must at least show it has
adopted and advocated an unequivocal position inconsistent with a position
advocacy or ...
If this Court were to defer to whatever position an organization is prepared to
assert in its briefs , there would be no way to mark the proper boundary between
genuine exercises of the right to associate , on the one hand , and sham claims
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