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

Freedom of Association

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.

  • 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.

  • 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.

  • 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.

  • 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.

  • Gentile v. State Bar of Nevada (1991)

In Gentile v. State Bar of Nevada, the court struck down Nevada’s limit on
attorney speech as too vague while upholding some restrictions on attorney
speech.

  • 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.

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

FEATURE POSTS

Happy birthday to us – on the day that cleared a road to freedom

Memorial Day: Honoring those who gave all for our freedoms

White House Correspondents’ Dinner: levity, gravity, and a toast to the First Amendment

The origins of academic freedom in the U.S.

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