First Amendment: freedom of association

Question 1

Subversive organizations

Answer 1

A person may only be punished or deprived of public employment based on their political affiliation if that individual:

(i) is an active member of a subversive organization,
(ii) has knowledge of the organization’s illegal activities, and
(iii) has a specific intent to further those illegal objectives.

Question 2

Loyalty oaths

Answer 2

Although public employees can be required to take a loyalty oath to the U.S. Constitution, most other loyalty oaths are struck down as vague or overbroad.

Question 3

Bar membership

Answer 3

States are allowed to investigate good character but are not allowed to deny admission based on political affiliations.

Question 4

Political parties

Answer 4

States cannot require open primaries.

A state, however, may institute a blanket primary system in which all voters participate. But the First Amendment freedom of expression and association prohibit states from interfering with a political party’s endorsement of a candidate or selection of a candidate.

Question 5

Forced inclusion

Answer 5

Forced inclusion of an unwanted person in a group violates the group’s freedom of association—even pursuant to statutes that support compelling interests—if including that person would significantly affect the group’s ability to express its viewpoints.