Malcolm Rivera
The right to freedom of association is a fundamental liberty that enables individuals to join or leave groups, assemble, and express their beliefs and ideas. While the First Amendment of the U.S. Constitution does not explicitly mention freedom of association, the Supreme Court has interpreted this right as inherent to protecting other First Amendment freedoms, such as freedom of speech, assembly, and petition. This right has been central to landmark Supreme Court cases, including NAACP v. Alabama (1958) and Abood v. Detroit Board of Education (1977), shaping our understanding of associational rights and their limitations. The freedom of association is a complex and evolving concept, with ongoing legal debates and challenges, such as those involving anti-discrimination laws and the rights of political parties.
| Characteristics | Values |
|---|---|
| Right to associate | The First Amendment does not explicitly mention the right to associate, but the Supreme Court has implied this right. |
| Right to not associate | The First Amendment also protects the right to not associate. |
| Right to expressive association | People have the right to associate with others for expressive purposes, often political. |
| Right to intimate association | The right to associate includes the freedom to maintain certain intimate human relationships. |
| Right to religious association | Religious groups have the freedom to select their ministers, and the First Amendment gives special solicitude to the rights of religious organizations. |
| Right to collective action | Freedom of association includes the right of a group to take collective action to pursue the interests of its members. |
| Right to collective bargaining | Workers have the right to freedom of association in terms of forming trade unions and collective bargaining. |
| Right to privacy | Freedom of association protects the right to privacy of membership. |
| Right to equal footing | The right to associate includes the right to collectively bargain to be on equal footing with other groups and entities. |
| Right to assembly | The First Amendment explicitly guarantees the right to assemble, and the Supreme Court has identified a freedom of association that allows people to create groups and organize together. |
| Right to petition | The First Amendment guarantees the right to petition the government, and freedom of association allows people to organize to petition. |
| Right to free speech | Freedom of association is an essential part of freedom of speech, as people can often only engage in effective speech when they join with others. |
| Right to free exercise of religion | The First Amendment protects the free exercise of religion, and freedom of association allows people to associate with religious organizations. |
| Right to due process | Freedom of association is an inseparable aspect of the liberty assured by the Due Process Clause of the Fourteenth Amendment. |
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What You'll Learn
Freedom of association in the First Amendment
The First Amendment of the U.S. Constitution does not explicitly mention a right to freedom of association. However, the Supreme Court has interpreted this right to exist implicitly as it gives effect to and is indispensable for preserving other First Amendment freedoms, such as freedom of speech, assembly, and petition. This interpretation has been affirmed in several Supreme Court cases, including NAACP v. Alabama in 1958, where the Court recognised that people can often engage in effective speech only when they join with others.
The freedom of association encompasses both an individual's right to join or leave groups voluntarily and the right of the group to take collective action to pursue its interests. It includes the right to meet, organise, and plan with others. This freedom protects the ability of a group to associate with like-minded persons and those with similar beliefs, as well as the right to exclude those with opposing views. However, this right is not absolute and may be limited by anti-discrimination laws and state interests, as seen in the Boy Scouts of America v. Dale case in 2000.
The Supreme Court has also recognised a distinction between the right to expressive association and the right to intimate association. The right to expressive association refers to the right of people to associate for expressive purposes, often political, such as engaging in speech, assembly, and petition. The right to intimate association, on the other hand, refers to the choice to associate and maintain certain intimate human relationships, which the Court considers a fundamental element of personal liberty.
The freedom of association also extends to religious organisations, which have the freedom to select their ministers, as seen in Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC in 2012. Additionally, the Supreme Court has ruled on cases involving the associational rights of unions and their members, such as Abood v. Detroit Board of Education in 1977, where the Court recognised the right of employees not to support ideological causes they objected to.
Overall, while not explicitly mentioned in the First Amendment, the freedom of association has been recognised by the courts as a fundamental right that is essential for safeguarding individual freedom and advancing beliefs and ideas.
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Freedom of association in the Fourteenth Amendment
The Fourteenth Amendment of the US Constitution has been interpreted to include a right to freedom of association, despite the fact that this right is not explicitly mentioned in the First Amendment. The Supreme Court has held that the First Amendment's protection of free speech includes a "freedom of association", which generally means that people can associate with others with similar beliefs. This freedom of association has been described as "an indispensable means of preserving other First Amendment freedoms".
The Fourteenth Amendment's Due Process Clause has been interpreted to include freedom of association, with Justice John Marshall Harlan II writing that the "freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the 'liberty' assured by the Due Process Clause of the Fourteenth Amendment, which embraces freedom of speech".
The freedom of association includes both the right to expressive association and the right to intimate association. The right to expressive association refers to the right of people to associate together for expressive purposes, often for political purposes. The right to intimate association refers to the right of individuals to maintain close familial or other private associations free from state interference.
The Supreme Court has recognised that the freedom of association is not absolute and may be limited in certain circumstances. For example, it is illegal in the United States to consider race when making and enforcing private contracts, and the government may prevent people from entering into illegal private agreements.
The freedom of association is also closely linked with freedom of assembly, which is typically associated with political contexts. The right to freedom of association may include the right to freedom of assembly.
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Freedom of association in the US Supreme Court
While the First Amendment does not explicitly mention a right to freedom of association, the US Supreme Court has implied that the right exists because it gives effect to the other First Amendment freedoms. The Supreme Court has long held that the First Amendment's protection of free speech includes a "freedom of association". This means that people can associate with others with similar beliefs, and express their attitudes and philosophies by membership in a group.
The Court noted in Roberts v. United States Jaycees that the choice to associate and "maintain certain intimate human relationships" is "a fundamental element of personal liberty". These associations play a “central role” in the constitutional scheme and in “safeguarding individual freedom”. Therefore, they receive protection against "undue intrusion" by the government.
In NAACP v. Alabama (1958), the Supreme Court recognized the right to expressive association, reasoning that individual members of the civil rights group had a right to associate together free from undue state interference. In that case, the state of Alabama sought to require the NAACP to disclose its membership list. The Court held that freedom of association is an essential part of freedom of speech because, in many cases, people can engage in effective speech only when they join with others.
In Abood v. Detroit Board of Education (1977), the Supreme Court ruled that unions could not force employees to pay for fees for ideological and political activities not relevant to the union’s basic collective-bargaining duties. The Court recognized that requiring public employees to pay fees to support ideological causes they objected to violated their associational rights.
In Boy Scouts of America v. Dale (2000), the Supreme Court ruled that the state’s “interests embodied in New Jersey’s public accommodations law do not justify such a severe intrusion on the Boy Scouts’ rights to freedom of expressive association”. This case concerned the associational rights of the Boy Scouts of America in excluding James Dale, an assistant scoutmaster, because he was gay.
In summary, the US Supreme Court has recognized freedom of association as a fundamental right, even though it is not explicitly mentioned in the First Amendment. The Court has held that this freedom is essential for safeguarding individual liberty and preventing undue government intrusion. The Court has also applied this right in various contexts, including civil rights groups, unions, and private groups such as the Boy Scouts of America.
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Freedom of association in the civil rights movement
Freedom of association is a fundamental aspect of democratic societies, allowing individuals to interact and collectively express, promote, and defend their interests. This freedom is closely linked with freedom of assembly and is guaranteed by various legal systems, including the First Amendment of the U.S. Constitution. While the First Amendment does not explicitly mention "freedom of association," the Supreme Court has interpreted this right as inherent to other First Amendment freedoms, such as freedom of speech and assembly.
In the context of the civil rights movement, freedom of association took on a significant role. The National Association for the Advancement of Colored People (NAACP), a prominent civil rights organization, played a crucial part in the fight for racial equality. In the landmark case NAACP v. Alabama (1958), the U.S. Supreme Court upheld the NAACP's right to associate freely without undue state interference. Alabama had demanded the NAACP disclose its membership list, which the organization refused, fearing repression against its members. The Court recognized that freedom of association is essential for individuals to advance their beliefs and ideas, safeguarding it under the Due Process Clause of the Fourteenth Amendment.
Another illustration of freedom of association in the civil rights movement is the case of Brotherhood of Railroad Trainmen v. Virginia (1964). This case concerned the right of workers to form trade unions and engage in collective bargaining, which is a specific manifestation of freedom of association. The Supreme Court's rulings in these cases helped solidify the principle of freedom of association and protect the rights of individuals and organizations to pursue their goals without interference.
The civil rights movement also witnessed challenges to freedom of association, particularly regarding gender and sexual orientation. In Roberts v. United States Jaycees (1984), the Supreme Court ruled that Minnesota's interest in eradicating gender discrimination outweighed the right of male members in social clubs to associate exclusively with males. Similarly, in Boy Scouts of America v. Dale (2000), the Court held that requiring the Boy Scouts to admit an openly gay member violated their First Amendment right of expressive association.
The expansion of freedom of association has been particularly notable in the realm of political rights. Political parties have been granted the right to set their own rules and govern their internal affairs, as seen in cases like Tashjian v. Republican Party of Connecticut (1986) and California Democratic Party v. Jones (2000). These cases demonstrate the dynamic nature of freedom of association jurisprudence, balancing individual rights with anti-discrimination laws and public interests.
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Freedom of association in other countries
Freedom of association is widely considered a fundamental political right, essential to enabling political participation in democratic societies. It is closely linked with freedom of assembly and is guaranteed by all modern and democratic legal systems. Notably, the US Constitution does not expressly provide a right to freedom of association, although it has been implied by the Supreme Court.
In Canada, freedom of association has three dimensions: the "constitutive" right to form associations, a "derivative" right to collectively invoke other constitutional rights, and the "purposive" right to collectively bargain. Similarly, in Italy, Article 18 of the Constitution guarantees citizens the right to form associations freely, as long as their aims are not forbidden by criminal law. Secret associations or those that pursue political aims through military organisations are forbidden. The South African Constitution's Bill of Rights also establishes the right to freedom of association in Section 18.
The right to freedom of association is protected by international law, including Article 20 of the Universal Declaration of Human Rights, which is further supported by the OHCHR (Office of the United Nations High Commissioner for Human Rights). The OHCHR has a mandate to promote and protect the right of peaceful assembly and association, which is considered a cornerstone of democracy.
In summary, the right to freedom of association is recognised in various countries' constitutions and international law, often in conjunction with the right to freedom of assembly. This right is seen as essential to democratic participation and the protection of other human rights.
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Frequently asked questions
No, the First Amendment does not explicitly mention freedom of association. However, the Supreme Court has interpreted the First Amendment as implying this right.
Freedom of association is the right to join or leave groups voluntarily, and for groups to take collective action to pursue their interests. This includes the right to meet, organise and plan with others.
There are two types of freedom of association: the right to expressive association and the right to intimate association. Expressive association refers to associating for expressive purposes, often political. Intimate association is the right to maintain certain human relationships, which the Court has deemed a fundamental element of personal liberty.
The Supreme Court has held that freedom of association is an essential part of freedom of speech, as people can often only engage in effective speech when joining with others.
Yes, the freedom of association is not absolute. For example, it is illegal in the US to consider race when making or enforcing private contracts. Additionally, the government can pass laws prohibiting discrimination, even if this may infringe on freedom of association.
