Freedom of Association Flashcards

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1
Q

Freedom of Association

A
  1. 1a/14a
  2. State action that Significantly burdens FoA,
  3. Void unless passes strict scrutiny;
  4. Still void if vague or overbroad.
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2
Q

Protected associations

A
  1. Expressive (1a, speech, voting, political);
  2. Intimate (highly personal, small number of members, performed in seclusion - rooted in right to privacy)
  3. Strict Scrutiny
  4. Economic (chamber of commerce), rational basis.
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3
Q

Strict scrutiny - Associations

A
  1. Compelling interest
  2. Unrelated to suppression of ideas
  3. Least restrictive means

CUL

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4
Q

Jaycees

A
  1. Expressive association
  2. Law making exclusion of women upheld under strict scrutiny
  3. Jaycees assumed women had different views - sterotype
  4. Jaycees could not exclude.
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5
Q

Dale (Boy Scouts)

A
  1. Expressive association;
  2. Standard not met (SS-CUL);
  3. Exclusion upheld;
  4. Requiring admission of gays would significantly burden message
  5. Boy Scouts does not have to admit gays.
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