Freedom of Association (1st Amendment)

Question 1

The right to free association is

Answer 1

Implicit in the free speech clause.

Question 2

Therefore, laws which restrict a person’s right to congregate with others for the purpose of expressing common views or sharing similar interests are

Answer 2

generally unconstitutional.

Question 3

The government may punish a member of a group engaged in illegal activity, but the government must prove

Answer 3

(1) the persons were actively affiliated with the group,
(2) knew of the group’s illegal purpose, and
(3) had the specific intent to further the illegal activities.

Question 4

Freedom of Association (1st Amendment) Unconstitutional Laws

Answer 4

i. Requiring a group to disclose its membership list.
ii. Laws which forbid groups who are “selective” in their choosing members from discriminating against potential members.