Freedom of Association

Question 1

constitutional prong

FREEDOM OF ASSOCIATION

Answer 1

protected under 1st amendment

Question 2

scrutiny

FREEDOM OF ASSOCIATION

Answer 2

law that prohibit or punish membership in a group = must meet strict scrutiny

Question 3

disclosure of membership

FREEDOM OF ASSOCIATION

Answer 3

gov may require disclosure of membership in a group where disclosure is likely to chill association ONLY IF
strict scrutiny is met

Question 4

right to discriminate

FREEDOM OF ASSOCIATION

Answer 4

freedom of association generally doesn’t permit right to discriminate UNLESS

a. it’s intimate association OR
b. discrimination is integral to expressed activities of group

Question 5

membership punishment

FREEDOM OF ASSOCIATION

Answer 5

gov can punish membership in a group ONLY IF gov can prove

1. active affiliation with the group
2. knowledge of group’s illegal activities
3. with specific intent to further those illegal activities

Question 6

public accommodation rule

FREEDOM OF ASSOCIATION

Answer 6

= gov may bar discrimination in places of public accommodation

Question 7

public accommodation analysis

FREEDOM OF ASSOCIATION

Answer 7

public accommodation = any business

a. that is open to interstate travelers OR
b. that uses products shipped in interstate commerce