David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
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)|
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.
Citations of this work BETA
No citations found.
Similar books and articles
Mary T. Clark (ed.) (1973). The Problem of Freedom. New York,Appleton-Century-Crofts.
Andor Skotnes (1996). The Communist Party, Anti-Racism, and the Freedom Movement: Baltimore, 1930–1934. Science and Society 60 (2):164 - 194.
Peter Dalton (1998). Possessiveness and Embodiment. International Journal of Applied Philosophy 12 (2):187-201.
Jennifer Welchman (2001). Is Ecosabotage Civil Disobedience? Philosophy and Geography 4 (1):97 – 107.
Sonu Bedi (2011). Expressive Exclusion: A Defense. Journal of Moral Philosophy 7 (4):427-440.
Daniel O. Dahlstrom (2007). The Development of Freedom. Proceedings of the American Catholic Philosophical Association 81:35-52.
Rogers Albritton (1985). Freedom of the Will and Freedom of Action. Proceedings and Addresses of the American Philosophical Association 59 (2):239-51.
William L. Rowe (1987). Two Concepts of Freedom. Proceedings and Addresses of the American Philosophical Association 61 (September):43-64.
S. Holm (2008). Thick as Thieves the Norwegian Medical Association Attempts to Stifle Ethical Debate. Journal of Medical Ethics 34 (1):1-1.
Added to index2009-01-28
Total downloads9 ( #231,597 of 1,700,364 )
Recent downloads (6 months)2 ( #269,935 of 1,700,364 )
How can I increase my downloads?