Freedom of Association

Question 1

Association Scrutiny

Answer 1

Power of message can be ehanced by speaking with others, any limitation on association requires strict scrutiny. Freedom of association is also a 14 Amendment Due Process right==fundamental liberty interest

Question 2

Laws prohibiting and Punishing Membership

Answer 2

Govt can only punish membership if it proves:
(1) that a person actively affiliated with that group
(2) Knowing of its illegal objectives
(3) And w/ specific intent to further those objectives.
Mere advocacy/membership alone isn’t enough, must have intent to further objectives

Question 3

Laws Requiring Disclosures of Membership

Answer 3

Govt may only require disclosure of membership where disclosure will chill association if government meets strict scrutiny

Question 4

Campaign Finance Disclosure

Answer 4

Govt can require disclosure campaign contributions b/c compelling public interest to prevent corruption

Question 5

Compelled Association

Answer 5

US citizens do not have not be forced to associate with a group
In unions, people must pay for the benefits they’ve recieved, but union must ask employees whether they can use a portion of shares for political activities.
Bar dues can only be used if reasonably related for purpose or regulating legal profession or improving quality of legal service

Question 6

Right To Discriminate by Association

Answer 6

1. Intimate Association- those in our close circle. Absolute right to choose who will be in and who won’t. Strict Scrutiny: may only prohibit if regulations serve a compelling state interest, unrelated to suppression of ideas, that can’t be achieved though means less restictive of freedom of association.

If message is about civic values and helping community, then including women won’t hurt message.

Court upheld private group’s right to deny gay irish group from being in a parade. It would defer the group’s message

Boy scouts says its message is anti gay and its message would be disrupted if some were allowed. Court deffered to BSA

Freedom of Associaiton would still protect right to discriminate if activity is intimate association (small, private) or where discrimination is integral to expressive activity