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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Antidiscrimination laws protect vulnerable minorities from social and economic
exclusion by the dominant majority ; conversely , freedom of association provides
constitutional protection against governmental attempts to interfere with groups ...
Without precisely identifying every consideration that may underlie this type of
constitutional protection , we have noted that certain kinds of personal bonds
have played a critical role in the culture and traditions of the Nation by cultivating
protecting , 57 , 74 , 75 , 79 , 81–82 , 85 , 98 social / political standards and , 6 ,
110 violation of , 2–3 , 48 , 62 , 80 , 219 ... freedom of speech and , xii , xv , 22
litigation on , 8 protection of , 29 , 32 , 65 , 69–70 , 94 , 95 , 96 ratification of , 235
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