Freedom of Association

Question 1

Right to Associate with Politically Unpopular Groups

Answer 1

The government cannot prohibit politically unpopular groups OR unduly burden a person’s right to belong to such groups.

This is not an absolute right, Strict Scrutiny is used:
To punish membership in a group requires:
 Active affiliation with that group
 Knowing of its illegal activities
 With specific intent to further those illegal activities

Question 2

Regulation of Electoral Process

Answer 2

Balancing Test:
Severe restriction must be narrowly tailored to achieve compelling government interest (SS)

Reasonable and non-discriminatory restrictions generally upheld

Political campaign contributions can be regulated (IS), but expenditures cannot.