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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Except for a very few restrictions , such as those in section 10 of Article I in the
main body of the Constitution , which expressly limited state power , states were
restrained only by their individual constitutions and state laws , not by the U.S. Bill
But the freedom to be safeguarded is so inclusive , appears in so many different
forms , and is subject to such varied restrictions , that the rules for its protection
cannot be capsuled in a single doctrine called the right to association . ” Emerson
Content - based restrictions on core political speech are subject to strict scrutiny ,
demanding a compelling state interest narrowly tailored . Restrictions on
commercial speech need only stand intermediate scrutiny . Under this doctrine
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