Why Associations Matter: The Case for First Amendment Pluralism

Why Associations Matter: The Case for First Amendment Pluralism

by Luke C. Sheahan

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Overview

First Amendment rights are hailed as the hallmark of the US constitutional system, protecting religious liberty, freedom of speech, freedom of the press, and freedom of association. But among these rights, freedom of association holds a tenuous position, as demonstrated in the 2010 Supreme Court ruling in Christian Legal Society v. Martinez, which upheld a public university’s policy requiring groups seeking official recognition to accept all students regardless of their status or beliefs. This demotion of freedom of association has broad ramifications for the constitutional status of voluntary associations in civil society, Luke C. Sheahan suggests. His book offers a cogent explanation of how this came about, why it matters, and what might be done about it.

Sheahan’s argument centers upon what he calls the “First Amendment Dichotomy” in the Court’s theoretical framework: an understanding of the state and the individual as the two analytically exclusive units of constitutional analysis. Why Associations Matter traces this dichotomy through Supreme Court jurisprudence culminating in Martinez, revealing a pattern of free association treated only as an individual right of expressive association derived from the Speech Clause alone. Sheahan then draws on the political sociology of Robert Nisbet to make a case for recognizing the social importance of associations and institutions that cannot be reduced to their individual members or subsumed into the state for purposes of constitutional analysis.

Translating the sociological qualities of associations into jurisprudential categories, Why Associations Matter provides practical advice for protecting freedom of association through the judiciary and the legislature—and guaranteeing this fundamental right its proper place in American society.

Product Details

ISBN-13: 9780700629251
Publisher: University Press of Kansas
Publication date: 02/26/2020
Pages: 248
Product dimensions: 6.40(w) x 9.30(h) x 1.00(d)

About the Author


Luke C. Sheahan is assistant professor in the Department of Political Science at Duquesne University and a non-resident scholar in the Program for Research on Religion and Urban Civil Society (PRRUCS) at the University of Pennsylvania.

Table of Contents

Acknowledgments


1. Political Sociology and the Problem of the Vanishing Freedom of Association


2. Pluralism and the "Social" Nature of the Social Group


3. The First Amendment Dichotomy and Freedom of Association: State and Individual from NAACP v. Alabama ot Christian Legal Society v. Martinez


4. First Amendment Pluralism: Authority, Allegiance, and the Functional Autonomy Test


Conclusion: First Amendment Pluralism and the Freedom of Association


Notes


Bibliography


Index

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