Case Law: Freedom of Association

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Case LawFreedom of Association
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I. Associations and U.S. Politics

• Political Significance of Association(s)

- Difference between society and government
- Tocqueville on American associations (1)
- Range of associations in American society

• Association and Speech, Expression, Press

- In principle and in case law

• Private (Exclusive) or Public (Inclusive)?

- See survey of civil rights laws (p. 622-623)
- Equality opposed to freedom?
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II. Hurley v. Irish Amer. (1995)

• Massachusetts Statute Its Enforcement

- What is the idea of justice behind it?

• Claim of Freedom by Hurley

- How does he construe First Amendment?

• The Courts Ruling

- Constitutional significance of a parade
- Expressiveness and exemption from the law
Especially laws dictate of equality
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III. Boy Scouts v. Dale (2000)

• New Jersey Statute Its Enforcement

- What is the idea of justice behind them?

• Claim of Freedom by Boy Scouts

- How does it construe First Amendment?

• The Courts Ruling

- Constitutional significance of Scouts as group
- Expressiveness and exemption from the law
Especially laws dictate of equality
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