Official Logo MTSU Freedom Of Speech
  • HOME
  • ABOUT
  • ENCYCLOPEDIA
  • NEWS
  • IN THE CLASSROOM
  • DONATE
  • HOME
  • ABOUT
  • ENCYCLOPEDIA
  • NEWS
  • IN THE CLASSROOM
  • DONATE

Freedom of Association Cases

The freedom of association — unlike the rights of religion, speech, press, assembly, and petition — is a right not listed in the First Amendment but recognized by the courts as a fundamental right.

There are two types of freedom of association: the right to expressive association and the right to intimate association.

Additionally, the First Amendment protects a right to associate and a right not to associate together.

The right to expressive association refers to the right of people to associate together for expressive purposes – often for political purposes. The U.S. Supreme Court recognized this right in NAACP v. Alabama (1958), reasoning that individual members of the civil rights group had a right to associate together free from undue state interference. 

Another line of freedom of association cases concern the rights of political parties to set their own rules and govern their internal affairs.  

A key aspect of freedom to associate is the ability of a group to associate with like-minded persons. Some freedom of association cases have proven difficult to navigate for the courts, because the freedom to associate or not associate often runs headlong into a state public accommodation or anti-discrimination law.

  • Americans for Prosperity Foundation v. Bonta (2021)

In Americans for Prosperity v. Bonta, the U.S. Supreme Court invalidated a
California requirement that charities share the names of donors who
contributed more than $5,000, saying it violated the rights of association
protected under the First Amendment.

  • Bates v. Little Rock (1960)

In Bates v. Little Rock (1960), the Court affirmed that freedom of
association finds protection within the First Amendment’s free speech and
assembly clauses.

  • Beilan v. Board of Education (1958)

Beilan v. Board of Education (1958) glossed over First Amendment concerns
and upheld a teacher’s dismissal for refusing to answer questions about
membership in a communist group.

  • Board of Directors of Rotary International v. Rotary Club of Duarte (1987)

In Board of Directors of Rotary International v. Rotary Club of Duarte
(1987), the Supreme Court said Rotary had no First Amendment right to
exclude women.

  • Boy Scouts of America v. Dale (2000)

Boy Scouts of America v. Dale (2000) ruled that the Boy Scouts had the
First Amendment expressive association right to revoke the membership of a
gay assistant scoutmaster.

  • City of Dallas v. Stanglin (1989)

City of Dallas v. Stanglin (1989) said that social dancing is not an
expressive association protected by the First Amendment when upholding age
limits on teen dance halls.

  • Dawson v. Delaware (1992)

In Dawson v. Delaware (1992), the Court said that the First Amendment
imposes limits on introducing a criminal defendant’s group associations
during sentencing.

  • Delaware Strong Families v. Penn (2016)

The court did not grant certiorari in Delaware Strong Families v. Penn
(2016), which dealt with campaign disclosure and First Amendment anonymity
rights.

  • Holder v. Humanitarian Law Project (2010)

Holder v. Humanitarian Law Project (2010) rejected First Amendment
challenges in upholding a federal law prohibiting material support to
terrorist organizations.

  • Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston (1995)

Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston (1995)
said the First Amendment expression rights of a group holding a parade
trumped anti-discrimination law.

  • Louisiana ex rel. Gremillion v. NAACP (1961)

Louisiana ex rel. Gremillion v. NAACP (1961) said a Louisiana law requiring
the NAACP to submit its membership list violated the First Amendment
freedom of association.

  • Lyng v. International Union, UAW (1988)

Lyng v. International Union, UAW (1988) ruled that a law that withheld food
stamps from people with family members on strike did not infringe upon
First Amendment rights.

  • NAACP v. Alabama (1958)

In NAACP v. Alabama (1958), the Court ruled that the First Amendment
protected the free association rights of the NAACP and its rank-and-file
members.

  • NAACP v. Button (1963)

NAACP v. Button (1963) was important not only to First Amendment
jurisprudence but also to the vitality of public interest law firm
litigation in general.

  • New York ex rel. Bryant v. Zimmerman (1928)

New York ex rel. Bryant v. Zimmerman (1928) upheld the conviction of an
individual who belonged to the Ku Klux Klan who had not registered
according to state law.

  • Shelton v. Tucker (1960)

Shelton v. Tucker (1960) said an Arkansas law requiring schoolteachers to
submit the organizations to which they belonged violated First Amendment
freedom of association.

  • Smith v. Arkansas State Highway Employees (1979)

Smith v. Arkansas State Highway Employees (1979) ruled that the commission
did not violate First Amendment rights by refusing to accept grievances
through a union representative.

  • United States v. Robel (1967)

Basing the decision on the freedom of association under the First
Amendment, the Supreme Court in 1967 upheld the dismissal of an indictment
against a Communist member who worked at a defense facility in United
States v. Robel. The man had been indicted under the McCarran Internal
Security Act which prohibited employment of Communists at defense
facilities.

  • United Transportation Union v. State Bar of Michigan (1971)

In 1971, the Supreme Court reversed an injunction that prevented a union
from providing legal advice and services to members, saying it interfered
with the rights of association enjoyed under the First Amendment. In United
Transportation Union v. State Bar of Michigan, the Court pointed to its
previous rulings in union cases.

  • Uphaus v. Wyman (1959, 1960)

The Supreme Court in 1959 and 1960 upheld the contempt conviction that led
to the jailing of Methodist pacifist minister Dr. Willard Uphaus for
refusing to reveal the speakers at a camp conference. In Uphaus v. Wyman,
the Court upheld New Hampshire’s contempt citation against challenges of
infringement on First Amendment freedoms of association and a right to
privacy.

ABOUT US

Footer logo

The Free Speech Center is a nonpartisan, nonprofit public policy center dedicated to building understanding of the five freedoms of the First Amendment through education, information and engagement.

freespeechcenter@mtsu.edu

middletennstate logo

FEATURE POSTS

VOA’s global impact felt long after the Cold War

Neutral news sources could exploit today’s polarized mediascape to boost revenue − here’s why they may choose not to

What is Telegram and why was its CEO arrested in Paris?

A contentious 12 months for the First Amendment

LINKS

  • Home
  • In The Classroom
  • First Amendment Ads
  • First Amendment Encyclopedia
  • Publications
  • Contact
  • Donate

NEWSLETTER

Subscribe to our newsletter for latest news. Let's stay updated!

SUBSCRIBE