Freedom of Expression and Association - Regulation of Association

Question 1

Overview

Answer 1

freedom of association generally protects the right to form or participate in any group, gathering, club, or organization; infringement may be justified by compelling state interest

Question 2

Public Employment

Answer 2

an individual generally cannot be denied public employment based simply upon membership in a political organization

a person may only be punished or deprived of public employment based on political association if that individual:

-is an active member of a subversive organization

-has knowledge of the organization’s illegal activity; and

• has specific intent to further those illegal objectives