The Constitutional Right of Association
Author : David Fellman
Publisher :
Page : 128 pages
File Size : 22,83 MB
Release : 1963
Category : Political Science
ISBN :
Author : David Fellman
Publisher :
Page : 128 pages
File Size : 22,83 MB
Release : 1963
Category : Political Science
ISBN :
Author : Robert J. Bresler
Publisher : Bloomsbury Publishing USA
Page : 290 pages
File Size : 22,49 MB
Release : 2004-04-15
Category : Law
ISBN : 157607773X
From colonial times to the information age, an exhaustive survey of one of America's most contentious constitutional rights. Freedom of Association: Rights and Liberties under the Law chronicles the evolution of a right derived from but not granted in the First Amendment—freedom of association. An opening analysis of the Supreme Court's ruling against a gay adult member of the Boy Scouts of America illustrates the range and complexity of this issue. Historical discussions of colonial America, including the British Parliament's efforts to suppress political associations, set the stage for a careful scrutiny of the political and legislative activities of the 1950s and 1960s when the Supreme Court established freedom of association as a constitutionally protected right. A concluding chapter delves into the contemporary issues of antidiscriminatory and campaign finance laws and explores the ever-present tension between liberty—freedom from the state—and equality—protection by the state.
Author : David Fellman
Publisher :
Page : 120 pages
File Size : 32,92 MB
Release :
Category :
ISBN : 9780608305271
Author : Luke C. Sheahan
Publisher : University Press of Kansas
Page : 240 pages
File Size : 14,10 MB
Release : 2020-02-26
Category : Political Science
ISBN : 0700629254
First Amendment rights are hailed as the hallmark of the US constitutional system, protecting religious liberty, freedom of speech, freedom of the press, and freedom of association. But among these rights, freedom of association holds a tenuous position, as demonstrated in the 2010 Supreme Court ruling in Christian Legal Society v. Martinez, which upheld a public university’s policy requiring groups seeking official recognition to accept all students regardless of their status or beliefs. This demotion of freedom of association has broad ramifications for the constitutional status of voluntary associations in civil society, Luke C. Sheahan suggests. His book offers a cogent explanation of how this came about, why it matters, and what might be done about it. Sheahan’s argument centers upon what he calls the “First Amendment Dichotomy” in the Court’s theoretical framework: an understanding of the state and the individual as the two analytically exclusive units of constitutional analysis. Why Associations Matter traces this dichotomy through Supreme Court jurisprudence culminating in Martinez, revealing a pattern of free association treated only as an individual right of expressive association derived from the Speech Clause alone. Sheahan then draws on the political sociology of Robert Nisbet to make a case for recognizing the social importance of associations and institutions that cannot be reduced to their individual members or subsumed into the state for purposes of constitutional analysis. Translating the sociological qualities of associations into jurisprudential categories, Why Associations Matter provides practical advice for protecting freedom of association through the judiciary and the legislature—and guaranteeing this fundamental right its proper place in American society.
Author : American Library Association
Publisher :
Page : 16 pages
File Size : 44,19 MB
Release : 1953
Category : Libraries
ISBN :
Author : Catherine J. Ross
Publisher : University of Pennsylvania Press
Page : 184 pages
File Size : 38,65 MB
Release : 2021-11-30
Category : Political Science
ISBN : 0812253256
Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.
Author : David L. Hudson
Publisher :
Page : 0 pages
File Size : 32,76 MB
Release : 2012
Category : Constitutional law
ISBN : 9780314606488
Author : Richard Sobel
Publisher : Cambridge University Press
Page : 245 pages
File Size : 17,3 MB
Release : 2016-10-26
Category : Law
ISBN : 1107128293
Citizenship as Foundation of Rights explains what it means to have citizen rights and how national identification requirements undermine them.
Author : Mabra Glenn Abernathy
Publisher :
Page : 282 pages
File Size : 12,34 MB
Release : 1961
Category : Political Science
ISBN :
Author : Robert A. Horn
Publisher : Stanford : Stanford University Press
Page : 206 pages
File Size : 22,32 MB
Release : 1956
Category : Associations, institutions, etc
ISBN :