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 question is , How does one balance the state's authority to regulate primary
elections against the party organization's right to include or exclude certain voters
from the nomination process ? Any law that regulates who is eligible to vote in a ...
Under the blanket primary each voter's ballot listed candidates regardless of
party affiliation and allowed the voter to choose among them . The candidate of
each party who won the most votes would be that party's nominee for the general
The state of California had argued that the blanket primary required candidates to
appeal to a larger segment of the electorate . Scalia claimed this interest “
reduced to nothing more than a stark repudiation of freedom of political
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