Freedom of Association Flashcards
Roberts v. Jaycees
The Jaycee organization that promote and foster growth among young men. It had threatened to revoke the charters of its Minnesota chapter because they were admitting women as regular members.
Minnesota Human Rights Act (Act), which required it to admit women as regular members.
Whether a state’s human rights law that prohibits discrimination of women in places of public accommodation violates freedom of association.
STRICT SCRUTINY
Several characteristics of the Jaycees prevents them from falling in the scope of protection:
The group is large and unselective and there are no criteria for judging new members.
Women can attend the various meetings though they cannot vote and can also participate in the social functions. Minnesota’s compelling state interests in preventing discrimination towards women justifies the impact on the Jaycees.
The MHRA is viewpoint-neutral,
Hurley v. Irish-American LGBTQ
The Council of Boston filed suit after an LGBTQ community (GLIB) was not allowed to participate in the St. Patrick’s Day parade.
Whether Massachusetts may require private citizens who organize a parade to include among marchers a group imparting a message the organizers do not wish to convey.
the requirement to admit a parade group expressing a message not of the private organizers’ own choosing violated petitioners’ First Amendment,
Participation in the parade is expressive.
if the state is trying to make someone accept a group like this that has an opposing message then apply strict scrutiny
under the First Amendment that a speaker has the autonomy to choose the content of his or her own message. An important manifestation of the principle of free speech is that one who chooses to speak may also decide what not to say.
Boy Scouts v. Dale
The Boy Scouts asserted that homosexual conduct was against the values that they seek to instill. Respondent is a former Eagle Scout whose adult membership was revoked when the Boy Scouts learned he was gay.
Issue: Whether New Jersey’s public accommodations law violates the Boy Scouts rights of expressive association.
Forcing a group to accept members may impair their ability to express those views
The forced inclusion infringes freedom of expressive association if the person’s presence significantly affects the group’s ability to advocate their public and private viewpoints.
a State may not forbid a private organization from denying membership to someone on the basis of their sexual orientation
the Boy Scouts engaged in expressive activity, and sincerely asserted the view that homosexual conduct was inconsistent with the Boy Scouts’ values. The Court further held that requiring the Boy Scouts to accept the assistant scoutmaster would significantly affect the Boy Scouts’ expression, by interfering with the Boy Scouts’ choice not to propound a point of view contrary to the Boy Scouts’ beliefs.
