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The Resource Why associations matter : the case for First amendment pluralism, Luke C. Sheahan

Why associations matter : the case for First amendment pluralism, Luke C. Sheahan

Label
Why associations matter : the case for First amendment pluralism
Title
Why associations matter
Title remainder
the case for First amendment pluralism
Statement of responsibility
Luke C. Sheahan
Creator
Author
Subject
Language
eng
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"--
Assigning source
Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorName
Sheahan, Luke C
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Freedom of association
  • Associations, institutions, etc.
  • Associations, institutions, etc.
  • Freedom of association
  • United States
Label
Why associations matter : the case for First amendment pluralism, Luke C. Sheahan
Instantiates
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Dimensions
23 cm
Extent
227 pages
Isbn
9780700629251
Lccn
2019039081
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)1127136004
Label
Why associations matter : the case for First amendment pluralism, Luke C. Sheahan
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Dimensions
23 cm
Extent
227 pages
Isbn
9780700629251
Lccn
2019039081
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)1127136004

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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