Freedom of Association (1A)

Question 1

freedom of association

Answer 1

a fundamental right under 1A

Question 2

regulating freedom of association

Answer 2

the govt may only regulate the right to freely associate in a group if it satisfies strict scrutiny

Govt must show:
1. regulation is necessary,
2. to achieve a compelling govt interest, AND
3. the least restrictive means was used

Question 3

punishing membership

Answer 3

the govt may punish a person’s membership in a group if it proves the:
1. group is actively engaged in illegal activity or incites imminent lawless action,
2. person has knowledge of the group’s illegal activities, AND
3. person has the specific intent of furthering those activities