Freedom of Association

Question 1

Freedom of Association

Answer 1

Association for political speech purposes is a fundamental right and government restrictions must meet strict scrutiny.

Question 2

Association for Illegal Activities

Answer 2

May be prohibited and membership punished IF: person actively participated, knew of group’s illegal activity AND specifically intended to further illegal activity.

Question 3

Discriminatory Membership

Answer 3

Laws forbidding a group from discrminatign are invalid IF THEY interfere with group’s expressive activity.

Government not required to subsidize a group on same terms as a non-discriminatory group.

Question 4

Government Employees

Answer 4

public employee/independent contract can be punished or fired for expressing opinions in public as a citizen on a matter of public interest

Speech or association undermines the employer’s authority or disrupts the employer’s policy

1st Amendment does not protect statements made in an employee/contractor’s official capacity within workplace.

Question 5

Loyalty Oaths

Answer 5

Government may require employees to take loyalty oaths as long as they are not over broad.