26. Freedom of Association (1A)

Question 1

What is required for permissible regulations over joining/creating unpopular political groups?

Answer 1

Strict scrutiny

1) Compelling government interest
2) Narrowly tailored

Lenient standard (some cases)
- Not significantly affect group's ability to express its viewpoints

NOT violate 1A right

Question 2

What is required for permissible regulations over preventing core political speech?

Answer 2

Strict scrutiny

1) Compelling government interest
2) Narrowly tailored

Question 3

What is required for ballot restrictions (public office candidate election) that affect First Amendment rights (speech/assembly/association)?

Answer 3

Strict scrutiny

1) Compelling interest
2) Narrowly tailored

Question 4

What is required for limiting election contributions?

Answer 4

Election campaign contributions (Intermediate scrutiny)

1) Important interest
2) Substantially related

Political candidate contributions

• Single candidates
• NOT multiple candidates (aggregated amounts)

NOT political committee contributions

NOT ballot referendum support/opposition

Question 5

What is required for limiting election expenditures?

Answer 5

1) Independent of candidate

2) NOT disguised contribution

Question 6

Are freedom of association rights explicitly given under Constitution?

Answer 6

NO

- Implied rights