Freedom of Expression and Association Flashcards
Freedom of Association Rule
The First Amendment’s freedom of association protects the right to form or participate in any group, club, or other organization virtually without restriction, but the right is not absolute.
The government may justifiably infringe the right of association to advance a compelling state interest, such as preventing discrimination or subversive activities designed to undermine the democratic process.
A person may only be punished or deprived of public employment based on their political affiliation if that individual (i) is an active member of a subversive organization, (ii) has knowledge of the organization’s illegal activities, and (iii) has a specific intent to further those illegal objectives.
Employee speaking as a citizen on a matter of public concern rule
When a government employee contends that his rights under the Free Speech Clause of the First Amendment, as made applicable to state and local government action through the Fourteenth Amendment, have been violated by his employer, the employee must show that he was speaking as a citizen on a matter of public concern.
although a government employee’s speech may enjoy protection under the First Amendment from retaliation by the government employer, in order to enjoy such protection, the speech must be about a matter of public concern.
