Industrial saboteurs, reputed thieves, communists, and the freedom of association

Social Philosophy and Policy 25 (2):76-91 (2008)
The idea of a constitutional freedom of association was embraced by the U.S. Supreme Court in the mid-twentieth century as implicit in the First Amendment. Although initially endorsed by the Court as a fundamental freedom that was necessarily entwined with the freedom of speech when confronted with cases in the 1930s and 1940s of local government officials cracking down on speakers and assemblies discussing strikes and labor unions, the justices were far more divided and skeptical of freedom of association claims in cases from the mid-1940s through the early 1960s when state and national government officials were pursuing a variety of anticommunist measures. This article examines the early jurisprudential development of the constitutional freedom of association and its grounding in the First Amendment, and suggests some of the limits that the notion always carried with it. Politics and jurisprudence combined to limit its applicability in the anticommunism cases
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1017/S0265052508080199
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 15,865
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles
Mary T. Clark (ed.) (1973). The Problem of Freedom. New York,Appleton-Century-Crofts.
William L. Rowe (1987). Two Concepts of Freedom. Proceedings and Addresses of the American Philosophical Association 61 (September):43-64.
Rogers Albritton (1985). Freedom of the Will and Freedom of Action. Proceedings and Addresses of the American Philosophical Association 59 (2):239-51.
Daniel O. Dahlstrom (2007). The Development of Freedom. Proceedings of the American Catholic Philosophical Association 81:35-52.
Sonu Bedi (2011). Expressive Exclusion: A Defense. Journal of Moral Philosophy 7 (4):427-440.
Jennifer Welchman (2001). Is Ecosabotage Civil Disobedience? Philosophy and Geography 4 (1):97 – 107.
Peter Dalton (1998). Possessiveness and Embodiment. International Journal of Applied Philosophy 12 (2):187-201.

Monthly downloads

Added to index


Total downloads

9 ( #245,785 of 1,724,892 )

Recent downloads (6 months)

1 ( #349,138 of 1,724,892 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.