Freedom of association
1. Laws that prohibit/punish group membership – STRICT SCRUTINY
a. Exception – if the gov’t can show that the person:
i. was actively affiliated with the group,
ii. knowing of its illegal activities, and
iii. with the specific intent of furthering those illegal activities
2. Laws that require disclosure of group membership, and such disclosure would chill association – STRICT SCRUTINY
3. Laws that prohibit a group from discriminating are constitutional, unless they interfere with:
a. intimate association – dinner parties, etc…
b. expressive activity – KKK excluding blacks, Nazis excluding Jews
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