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Editing Constitutional Liberties
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Because the Jaycees were neither small nor selective and participation of strangers was central. It lacked the distinct characteristics needed for constitutional protection. The first amendment protects collective efforts on behalf of shared goals, such as pursuits of political, educational, and cultural ends. Government interference with the internal organization of a group may be justified by compelling interests that can’t be achieved by less restrictive means. | Because the Jaycees were neither small nor selective and participation of strangers was central. It lacked the distinct characteristics needed for constitutional protection. The first amendment protects collective efforts on behalf of shared goals, such as pursuits of political, educational, and cultural ends. Government interference with the internal organization of a group may be justified by compelling interests that can’t be achieved by less restrictive means. | ||
=== | === Boy Scouts of America v. Dale === | ||
Facts: The BSA revoked the membership of one of its eagle scout members because that person was both gay and a gay’s rights activist. | Facts: The BSA revoked the membership of one of its eagle scout members because that person was both gay and a gay’s rights activist. | ||
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Reasoning: Forced inclusion of an unwanted person in a group infringes on the group’s freedom of expressive association if the presence of that person significantly affects the group’s ability to advocate public or private viewpoints. However, this freedom is not absolute. It may be override by “regulations adopted to serve compelling state interests, unrelated to the suppression of ideas. The BSA is a nonprofit organization that seeks to instill ethical values in boys. It is indisputable that an association that seeks to transmit such values engages in expressive activity. Thus, it is necessary to determine whether the forced inclusion of Dale would significantly affect that organization’s ability to advocate their viewpoints. The BSA teaches boys to be “morally straight” and “clean.” The BSA argues that homosexuality is at odds with those goals. Just as considerable deference is given to an association’s assertions regarding the nature of its expression, it is also important to give deference to an association’s view of what would impair its expression. | Reasoning: Forced inclusion of an unwanted person in a group infringes on the group’s freedom of expressive association if the presence of that person significantly affects the group’s ability to advocate public or private viewpoints. However, this freedom is not absolute. It may be override by “regulations adopted to serve compelling state interests, unrelated to the suppression of ideas. The BSA is a nonprofit organization that seeks to instill ethical values in boys. It is indisputable that an association that seeks to transmit such values engages in expressive activity. Thus, it is necessary to determine whether the forced inclusion of Dale would significantly affect that organization’s ability to advocate their viewpoints. The BSA teaches boys to be “morally straight” and “clean.” The BSA argues that homosexuality is at odds with those goals. Just as considerable deference is given to an association’s assertions regarding the nature of its expression, it is also important to give deference to an association’s view of what would impair its expression. | ||
Dale’s membership with the BSA would, force the organization to accept gay people and their conduct. The application of the NJ law would require to accept Dale, which apparently is against the BSA’s viewpoints. | Dale’s membership with the BSA would, force the organization to accept gay people and their conduct. The application of the NJ law would require to accept Dale, which apparently is against the BSA’s viewpoints. | ||
= Incorporation = | = Incorporation = |