Every day, Americans exercise the freedoms of association and assembly. Both freedoms protect expressive choices. They let individuals decide what to think and say, with whom to agree or disagree and when and how to do so. The freedom of association safeguards membership in organizations, regardless of whether individuals, groups, or even the government approve. The freedom of assembly allows peop…
Government abridgments draw close scrutiny from the courts. While the First Amendment's definition of "peaceable" assembly is open to wide interpretation, twentieth century courts have refused to allow it to be used as a blanket excuse for any government control. The modern trend has its roots in De Jonge v. Oregon (1937), one of the earliest cases to emphasize the importance of assembly rights. D…
Unlike the right of assembly, the Constitution makes no mention of the freedom of association. Through the late 1950s, decisions that broached the question of association considered it to be an aspect of other First Amendment liberties. This early view emerged in cases challenging the extent of Congress' power to question witnesses. They concerned the hearings of the House Committee on Un-American…
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