Freedom of Association and Belief Flashcards
When can the government infringe on the freedom of association?
where the infringement is due to a compelling government interest, unrelated to the suppression of ideas, if the infringements are the least restrictive means of protecting the government interest involved.
When is an infringement on the right of association never allowed?
where the infringement would significantly affect a group’s right to express its viewpoints.
When will a regulation of the electoral process be upheld?
where the restriction is reasonable and nondiscriminatory.
A statute limiting election campaign contributions is analyzed under what standard?
intermediate scrutiny
Can states limit the amount of money that a person, group or corporation can contribute to a political candidate?
yes
Can states limit the amount of money that a person, group or corporation can spend to support or oppose a ballot referendum?
no
Can the government limit the total amount of money someone spends on contributing to a political campaign?
no
Can the government limit the amount of money a candidate spends on a political campaign?
no
Can the government limit the amount of money someone spends in trying to get someone elected?
no, so long as the expenditures are not directly given to the candidate.
When can the government always punish a government employee’s speech?
when the speech was made on the job and pursuant to the employee’s official duties. This includes statements on public matters.
Where a public employee makes statements that are outside their employment but which do not concern public matters, can the government punish their speech?
yes
Where a public employee makes statements outside their employment on matters of public concern, can the government punish their speech?
only if the employee’s rights as a citizen outweigh the government’s interest in effective performance of public service.
Can the federal government prohibit executive branch employees from taking an active part in political campaigns?
yes
Can the government prohibit rank and file employees from giving speeches?
no
When can a public employee be hired, fired, promoted, transferred, etc. based on party affiliation?
only in policymaking decisions where party affiliation and views are relevant.
