Freedom of Association Flashcards
1
Q
Freedom of Association
A
- 1a/14a
- State action that Significantly burdens FoA,
- Void unless passes strict scrutiny;
- Still void if vague or overbroad.
2
Q
Protected associations
A
- Expressive (1a, speech, voting, political);
- Intimate (highly personal, small number of members, performed in seclusion - rooted in right to privacy)
- Strict Scrutiny
- Economic (chamber of commerce), rational basis.
3
Q
Strict scrutiny - Associations
A
- Compelling interest
- Unrelated to suppression of ideas
- Least restrictive means
CUL
4
Q
Jaycees
A
- Expressive association
- Law making exclusion of women upheld under strict scrutiny
- Jaycees assumed women had different views - sterotype
- Jaycees could not exclude.
5
Q
Dale (Boy Scouts)
A
- Expressive association;
- Standard not met (SS-CUL);
- Exclusion upheld;
- Requiring admission of gays would significantly burden message
- Boy Scouts does not have to admit gays.