Conduct and Freedom of Association

Question 1

Conduct as communication

Answer 1

Intented to convey a specific message

substantial likelihood that the message would be understood by those who recieve it.

Question 2

Conduct regulations

Answer 2

If the government is trying to stop the content of the conduct, it must meet strict scrutiny
If the governmet is simply trying to stop the conduct, it must meet intermediate scrutiny
Use strict scrutiny if regulation suppresses free expression, otherwise use Obrien standard

Obrien Standard
A government regulation is justified if:
-it is within the constitutional power of the government
-it furthers an important or substantial government interest
-the governmental interest is unrelated to the suppression of free expression
-the incidental restriction on the alleged First Amendment freedom is no greater than what is essential to the furtherance of that interest

Flag desecration is constitutionally protected

Question 3

Political Campaign Contributions

Answer 3

Is political speech
Can restrict how much contribution an individual or group can give to a candidate
Cannot restrict how much direct expenditures can be expended on a candidate, as long as it is independent.

Standard: contributions limitations must be closely drawn to a sufficiently important interest.

• closely drawn takes into account whether the contribution renders political association ineffective or contributions pointless
• Rationale is to prevent bribery (govt can force people to disclose their identities if they contribute a certain amount of money.
• Less demanding test than strict scrutiny

Question 4

Freedom of Association

Answer 4

Inferred from the First Amendment, not explicitly said
-1st Amendment protection applies to groups organized for specific expressive purposes.
==if forced association burdens the expressive component of the organizations mission, then apply strict scrutiny

Question 5

Laws Prohibiting membership

Answer 5

govt may prohibit membership if:

• someone actively affiliated with the group
• knowing of its illegal objectives, and
• intends to further those objectives

Question 6

Disclosure of Membership

Answer 6

The government may only required the disclosure of membership if strict scrutiny is met

Question 7

Disclosure of Campaign finances

Answer 7

The government can require disclosure of campaign contributions because a compelling public interest to prevent corruption

Question 8

Right to discriminate by association (intimate)

Answer 8

-Intimate Assocation: an association has absolute right to choose who is in a close circle (family) association (only way to prohibit discrimination is if the regulations:
==serve a compelling government interest
==is unrelated to the suppression of ideas, and
==cannot be achieved through a less restrictive means

Question 9

Right to discriminate by association (expressive)

Answer 9

A group can discriminate against those who would impair their message or purpose
The only way to prohibt discrimination is if:
- the regulations were a compelling government interest
-unrelated to the suppression of ideas,
-and cannot be achieved through a less restrictive means