Freedom of Association Flashcards

1
Q

Association Scrutiny

A

Power of message can be ehanced by speaking with others, any limitation on association requires strict scrutiny. Freedom of association is also a 14 Amendment Due Process right==fundamental liberty interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Laws prohibiting and Punishing Membership

A

Govt can only punish membership if it proves:
(1) that a person actively affiliated with that group
(2) Knowing of its illegal objectives
(3) And w/ specific intent to further those objectives.
Mere advocacy/membership alone isn’t enough, must have intent to further objectives

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Laws Requiring Disclosures of Membership

A

Govt may only require disclosure of membership where disclosure will chill association if government meets strict scrutiny

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Campaign Finance Disclosure

A

Govt can require disclosure campaign contributions b/c compelling public interest to prevent corruption

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Compelled Association

A

US citizens do not have not be forced to associate with a group
In unions, people must pay for the benefits they’ve recieved, but union must ask employees whether they can use a portion of shares for political activities.
Bar dues can only be used if reasonably related for purpose or regulating legal profession or improving quality of legal service

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Right To Discriminate by Association

A
  1. Intimate Association- those in our close circle. Absolute right to choose who will be in and who won’t. Strict Scrutiny: may only prohibit if regulations serve a compelling state interest, unrelated to suppression of ideas, that can’t be achieved though means less restictive of freedom of association.

If message is about civic values and helping community, then including women won’t hurt message.

Court upheld private group’s right to deny gay irish group from being in a parade. It would defer the group’s message

Boy scouts says its message is anti gay and its message would be disrupted if some were allowed. Court deffered to BSA

Freedom of Associaiton would still protect right to discriminate if activity is intimate association (small, private) or where discrimination is integral to expressive activity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly