Freedom of Association

Question 1

Freedom of Association

Answer 1

Government actions that force groups to accept members against their will will be evaluated under strict scrutiny. (Jaycees). Expressive private orgs have an associational right to exclude LGBT members. (Dale).

Question 2

Roberts v. Jaycees

Answer 2

In Jaycees, the Court upheld a MN anti discrimination law that outlawed the discrimination from group organizations on the basis of sex. The Court held that forcing the Jaycees, a men’s org, to accept women was a violation of their associational rights, but the Jaycees was a large and unselective group that lacked many characteristics that would afford it constitutional protection. The anti discrimination law survived strict scrutiny.

Question 3

Boy Scouts of America v. Dale

Answer 3

In Dale, the Court upheld the Boy Scouts’ ability to exclude gay members in light of NJ’s anti discrimination law. The Court held that the Boy Scouts were an expressive, private organization that had an associational right to exclude people. However, it is unclear how to draw a principled line between Dale and Jaycees.

Question 4

Laws Requiring Disclosure of Membership

Answer 4

When disclosure of membership will chill association, the government’s disclosure requirements must survive SS. (NAACP v. Alabama)

Question 5

Laws Prohibiting and Punishing Membership

Answer 5

The government may punish membership in a group only if it (i) proves that a person is actively affiliated with the group, (ii) knows of its illegal objectives, and (iii) has the specific intent to further those objectives.