Right not to be associated with particular ideas
a) Def: if gov’t forces an individual to give money to a cause they don’t like or makes a group accept new members it doesn’t want => strict scrutiny.
b) Freedom of association: gov’t can’t make mere membership in a group illegal unless group (1) does illegal stuff or incites others to do illegal stuff and (2) the member knows of the group’s illegal activity & specifically intends to further the illegalities.
c) There is a C’al right not to speak.
i) Barnette Jehovah children wouldn’t salute flag
ii) Keller state bar can require lawyers to give $ to regulate profession, but not to further views he doesn’t agree with (rt to not endorse views)
iii) Hurley v. Irish Am Gays
(1) Facts: Irish parade didn’t want gays in parade. All paraders had to apply for permit. Gays not given permit.
(a) Parade is expressive conduct
(b) But gov’t wasn’t keeping Gays from having their own parade
(c) Original parade had first am. right to speak alone & he did not lose his first am protection to speak by inviting others to speak with him; he had absolute autonomy over the message he wants to convey. (right not to be associated with others’ ideas).
(d) Did the parade guy have to be rzbl & vp neutral per non-public forums, or is non-public forums only govt’al forums?
d) Don’t have to let opposite party vote. Calif Democratic Party v. Jones
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