Why associations matter : the case for First Amendment pluralism / Luke C. Sheahan.

By: Sheahan, Luke C [author.]Material type: TextTextSeries: JSTOR eBooksPublisher: Lawrence, Kansas : University Press of Kansas, [2020]Description: 1 online resource (xii, 227 pages)Content type: text Media type: computer Carrier type: online resourceISBN: 9780700629268; 0700629262Subject(s): Freedom of association -- United States | Associations, institutions, etc. -- Law and legislation -- United States | POLITICAL SCIENCE / American Government / National | Associations, institutions, etc. -- Law and legislation | Freedom of association | United StatesGenre/Form: Electronic books.Additional physical formats: Print version:: Why associations matterDDC classification: 342.7308/54 LOC classification: KF4778 | .S54 2020Online resources: Click here to view this ebook.
Contents:
Political Sociology and the Problem of the Vanishing Freedom of Association -- Pluralism and the "Social" Nature of the Social Group -- The First Amendment Dichotomy and Freedom of Association: State and Individual from NAACP v. Alabama to Christian Legal Society v. Martinez -- First Amendment Pluralism: Authority, Allegiance, and the Functional Autonomy Test -- Conclusion: First Amendment Pluralism and the Freedom of Association.
Summary: "First Amendment rights are hailed as the hallmark of the American constitutional system, protecting religious liberty, freedom of speech, freedom of the press, and freedom of association from government interference. In Christian Legal Society v. Martinez (2010), however, the Supreme Court demoted freedom of association in the panoply of First Amendment rights. This decline in protection for freedom of association has broad ramifications for the constitutional status of voluntary associations in civil society. Why Associations Matter examines how a fundamental right disappeared from the Supreme Court's reasoning and draws on the political sociology of Robert Nisbet to develop a theoretical framework for bolstering freedom of association in American constitutionalism. Luke Sheahan shows that the case law from NAACP v. Alabama (1958) through Boy Scouts v. Dale (2000) has recognized free association only as an individual right of expressive association derived from the Speech Clause alone. This pattern in Supreme Court jurisprudence culminated in Martinez, in which the Supreme Court refused to uphold the associational right of a student group at a public university to police its own membership based upon the purpose of the group. Sheahan argues that the association case law is flawed at a fundamental level and turns to Nisbet, whose sociological work exposes the problem with a focus on the state and individual to the neglect of nonpolitical associations and institutions"-- Provided by publisher.
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KF4778 .S54 2020 (Browse shelf) https://ezproxy.uttyler.edu/login?url=https://www.jstor.org/stable/10.2307/j.ctv11qdtr0 Available on1127068748

Includes bibliographical references and index.

Political Sociology and the Problem of the Vanishing Freedom of Association -- Pluralism and the "Social" Nature of the Social Group -- The First Amendment Dichotomy and Freedom of Association: State and Individual from NAACP v. Alabama to Christian Legal Society v. Martinez -- First Amendment Pluralism: Authority, Allegiance, and the Functional Autonomy Test -- Conclusion: First Amendment Pluralism and the Freedom of Association.

"First Amendment rights are hailed as the hallmark of the American constitutional system, protecting religious liberty, freedom of speech, freedom of the press, and freedom of association from government interference. In Christian Legal Society v. Martinez (2010), however, the Supreme Court demoted freedom of association in the panoply of First Amendment rights. This decline in protection for freedom of association has broad ramifications for the constitutional status of voluntary associations in civil society. Why Associations Matter examines how a fundamental right disappeared from the Supreme Court's reasoning and draws on the political sociology of Robert Nisbet to develop a theoretical framework for bolstering freedom of association in American constitutionalism. Luke Sheahan shows that the case law from NAACP v. Alabama (1958) through Boy Scouts v. Dale (2000) has recognized free association only as an individual right of expressive association derived from the Speech Clause alone. This pattern in Supreme Court jurisprudence culminated in Martinez, in which the Supreme Court refused to uphold the associational right of a student group at a public university to police its own membership based upon the purpose of the group. Sheahan argues that the association case law is flawed at a fundamental level and turns to Nisbet, whose sociological work exposes the problem with a focus on the state and individual to the neglect of nonpolitical associations and institutions"-- Provided by publisher.

Description based on online resource; title from digital title page (viewed on May 27, 2020).

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