Association Flashcards
NAACP v. Alabama (1958)
Association, Compelled Disclosure of Membership Unconstitutional Under Strict Scrutiny (Interest Not Compelling), Court identifies right to association that would be chilled by disclosure. Relationship between association and privacy.
Buckley v. Valeo (1976)
Association, Spending money to influence election is protected speech. Government can 1) limit individual campaign contributions (intermediate scrutiny) and 2) require disclosure above certain level. Government CANNOT limit 1) independent expenditures (PAC), 2) candidates’ personal expenditures, and 3) overall campaign expenditures. Expenditure limits = Strict Scrutiny. Contribution Limits = Intermediate Scrutiny.
McConnell v. Federal Election Commission (2003)
Association, Soft-Money Contributions Loophole (Passed Intermediate Scrutiny), Electioneering Communication within 30 Days (Functional Equivalent of Express Advocacy), Both Upheld. Thomas Dissent: Information to voters not good enough reason to abridge right to anonymous speech.
Abood v. Detroit Board of Education (1977)
Association, Public Sector Union, State cannot compel contribution to union’s political and economic activities (not germane to duty as bargaining representative).
Janus v. American Federation of State, County, and Municipal Employees (2018)
Association, Public Sector Unions, Compelled Speech is Subject to Strict Scrutiny, Overruled Abood rule allowing union fees for nonmembers. Compels nonmembers to subsidize private speech on matters of public concern. Kagan Dissent: Loss of Abood balance weaponizes free speech for economic/labor policy.
Roberts v. United States Jaycees (1984)
Association, Anti-discrimination law required club to admit women. Law was content-neutral and any burden on association was incidental to compelling interest in eradicating discrimination.
Boy Scouts of America v. Dale (2000)
Association, Expressive Association Receives Strict Scrutiny, Cannot force association if significantly affects the group’s ability to advocate public or private viewpoints.
Hurley v. Irish-American Gay, Lesbian, & Bisexual Group of Boston (1995)
Expressive Association, Compelled Speech, Parades are expressive conduct/symbolic speech.
Rumsfeld v. Forum for Academic & Institutional Rights, Inc. (2006)
Association, Law requiring equal access for military recruiters to schools receiving federal funds does not violate freedom of speech, conduct, or expressive association.
