
Right not to be associated with particular ideas
a) Def: if gov’t forces an individual to give money to a cause they don’t like or makes a group accept new members it doesn’t want => strict scrutiny.
b) Freedom of association: gov’t can’t make mere membership in a group illegal unless group (1) does illegal stuff or incites others to do illegal stuff and (2) the member knows of the group’s illegal activity & specifically intends to further the illegalities.
c) There is a C’al right not to speak.
i) Barnette Jehovah children wouldn’t salute flag
ii) Keller state bar can require lawyers to give $ to regulate profession, but not to further views he doesn’t agree with (rt to not endorse views)
iii) Hurley v. Irish Am Gays
(1) Facts: Irish parade didn’t want gays in parade. All paraders had to apply for permit. Gays not given permit.
(2) Tests:
(a) Parade is expressive conduct
(b) But gov’t wasn’t keeping Gays from having their own parade
(c) Original parade had first am. right to speak alone & he did not lose his first am protection to speak by inviting others to speak with him; he had absolute autonomy over the message he wants to convey. (right not to be associated with others’ ideas).
(d) Did the parade guy have to be rzbl & vp neutral per non-public forums, or is non-public forums only govt’al forums?
d) Don’t have to let opposite party vote. Calif Democratic Party v. Jones
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