Freedom & Association (1A) Flashcards
Right to freedom of expression and association
Generally: Infringing upon right to associate barred unless necessary to achieve compelling interest (SS)
Punishing member of subversive organization permitted IF person:
(1) is active member
(2) knows of org’s illegal objectives &
(3) specifically intends to further them
Requiring loyalty oath for public employment permitted unless:
(1) overbroad – infringes on constitutionally protected behavior or
(2) **vague **– reasonable person would not understand oath
Interfering with organization’s discriminatory policy barred unless:
(1) no significant burden on organization’s mission and
(2) ** necessary** to achieve compelling interest
Imposing restriction on electoral process:
(1) ordinary – generally permitted (RR) if rationally related to legitimate interest
(2) severe – generally barred (SS) unless necessary to achieve compelling interest
**Political belief and association are the core of these protected activities. **
==> As a result, the government cannot condition public employment on a person’s political views or affiliations unless these factors are essential to effective performance of the job in question (eg, policymaking position).
The Constitution—excluding the Thirteenth Amendment—only applies to state (ie, government) action.BUT if Ps suing under govt ordinance, may apply.
Govt hiring & political views
Govt cannot condition hiring a government employee or contractor on his/her political views or affiliations unless such views or affiliations are essential to effective performance of the applicable work (eg, political policymaking).
