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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In an essay written in 1953 ( which later appeared as the book Heresy , Yes ,
Conspiracy , No ) , Hook argued that the Communist Party did not play by the
rules of the democratic system . Its aim is to overthrow the democratic state and to
linked freedom of association to the First Amendment , these early cases left
important questions unanswered . Was freedom of association an independent
constitutional right with different rules for its protection ? Or was it simply another
La Follette et al . , the Supreme Court rules that states cannot require a national
party convention to accept delegates chosen in an open primary if that violates
party convention rules . This ruling thus grants some freedom of association ...
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