Freedom of Association (1A) Flashcards

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1
Q

freedom of association

A

a fundamental right under 1A

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2
Q

regulating freedom of association

A

the govt may only regulate the right to freely associate in a group if it satisfies strict scrutiny

Govt must show:
1. regulation is necessary,
2. to achieve a compelling govt interest, AND
3. the least restrictive means was used

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3
Q

punishing membership

A

the govt may punish a person’s membership in a group if it proves the:
1. group is actively engaged in illegal activity or incites imminent lawless action,
2. person has knowledge of the group’s illegal activities, AND
3. person has the specific intent of furthering those activities

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