Freedom of Association

From colonial times to the information age, an exhaustive survey of one of America's most contentious constitutional rights.

Series Foreword

xi

Preface and Acknowledgments

xxi

Introduction

1

(10)

Associational Rights and the War on Terror

1

(6)

Plan of the Book

7

(3)

References and Further Reading

10

(1)

Origins

11

(18)

Associations as a Counterweight to the Power of the State

13

(3)

Associations as a Source of Social Capital

16

(2)

Associations as a Source of Personal Enrichment

18

(3)

Associations as an Element in Strengthening Self-Government

21

(1)

First Constitutional Origins

22

(4)

References and Further Reading

26

(3)

Twentieth-Century Issues

29

(56)

Freedom of Association and the Civil Rights Movement: The Court Defines a Doctrine

31

(4)

A Doctrine Reaffirmed

35

(3)

Freedom of Association and the Communist Party: The Question of Guilt by Association

38

(2)

The Communist Party of the United States of America: Heretics or Conspirators?

40

(5)

The Court Asserts Associational Rights

45

(3)

The Question of Loyalty Oaths

48

(2)

The Issue of Blacklisting

50

(6)

The Legacy of the NAACP and Communist Party Cases

56

(1)

Associational Rights versus Civil Rights

57

(5)

The Roberts Decision and the Right Not to Associate

62

(5)

The O'Connor Perspective

67

(3)

The Roberts Trilogy

70

(2)

Hurley and Parades

72

(3)

Freedom of Association and the Rights of Political Parties

75

(1)

The White Primary Cases

76

(2)

Parties Gain Associational Rights

78

(4)

References and Further Reading

82

(3)

Twenty-First Century Issues

85

(30)

James Dale Challenges the Boy Scouts

85

(1)

The New Jersey Courts Respond

86

(2)

The Boy Scouts Supreme Court Brief

88

(3)

The Dale Supreme Court Brief

91

(2)

A Divided Court Speaks

93

(4)

The Court's Critics Speak

97

(1)

The Defenders of the Court Speak

98

(2)

The Legacy of the Dale Decision

100

(5)

California Democratic Party v. Jones

105

(2)

The Scalia Opinion

107

(2)

The Stevens Dissent

109

(2)

Conclusion

111

(1)

References and Further Reading

112

(3)

Key People, Cases, and Events

115

(34)

Documents

149

(86)

George Washington's Farewell Address (1796)

149

(5)

Bryant v. Zimmerman (1928)

154

(4)

De Jonge v. State of Oregon (1937)

158

(3)

The Smith Act (1940)

161

(1)

Thomas v. Collins (1945)

162

(7)

Waldorf Statement (1947)

169

(1)

Watkins v. United States (1957)

170

(8)

NAACP v. Alabama (1958)

178

(5)

Barenblatt v. United States (1959)

183

(7)

Gibson v. Florida Legislative Investigation Committee (1963)

190

(5)

Elfbrandt v. Russell (1966)

195

(4)

United States v. Robel (1967)

199

(6)

Roberts v. United States Jaycees (1984)

205

(6)

Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston (1995)

211

(3)

Anti-Terrorism and Effective Death Penalty Act (1996)

214

(5)

California Democratic Party v. Jones (2000)

219

(4)

Boy Scouts of America v. Dale (2000)

223

(12)

Chronology

235

(6)

Table of Cases

241

(4)

Annotated Bibliography

245

(6)

Index

251

(14)

About the Author

265

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Freedom of Association

Summary

Table of Contents

Supplemental Materials

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Freedom of Association

Summary

Table of Contents

Supplemental Materials

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