First Amendment-Freedom of Association and Belief

Question 1

What level of scrutiny must be met to prohibit or punish group membership?

Answer 1

Strict Scrutiny.

Question 2

To punish membership in a group what must be proven?

Answer 2

(i) Actively affiliated with the group;
(ii) Knowing of its illegal activities; and
(iii) With the specific intent of furthering those illegal activities

Question 3

What level of scrutiny must be met where laws or regulations require the disclosure of group membership?

Answer 3

Strict Scrutiny if such disclosure would chill association

Question 4

Are laws that prohibit a group FROM discriminating constitutional?

Answer 4

Yes, unless they interfere with intimate association or expressive activity such as a small dinner party, Nazis excluding Jews, KKK excluding blacks

Question 5

Are loyalty oaths constitutional?

Answer 5

As long as they are not overbroad or vauge.