1. Peaceable Assembly

2. Experience a rally or protest

3. Face – Off!
Rules of Engagement?

4. Fraternities and sororities violate the right to assemble

5. Can Evergreen institute a curfew?

6. The government should crack down on white supremacy groups

7. Private clubs should be able to control their own membership, even if discriminatory

8. The right to “Peaceably Assemble”

9. Americans of all ages, all stations in life, and all types of dispositions are forever forming associations Nothing, in my view, more deserves attention than the intellectual and moral associations in America.
--Alexis de Tocqueville
What associations are you a part of?

10. Why is this right so important?
Political activism
Religious freedom
Social connections
Professional and educational groups

11. What restrictions? Context – time, place, and manner Peaceable
Community safety
National security
“Unreasonable inconvenience”
5th A – property rights

12. NAACP v. Alabama - “right of association”

13. Roberts v. United States Jaycees
Minnesota Jaycees began admitting female members, defying the national organization. The Jaycees are an organization dedicated to nurturing future business and community leaders.
Who wins?
Roberts - Mission of organization must be consistent with exclusion.

14. Gay Student Services v. Texas A&M University (1977)
The supreme court declined the case resulting in the removal of all legal restrictions against gay rights groups on college campuses

15. “If any, then all.”

16. Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston (1995)
“There is a fundamental First Amendment rule that a speaker has the autonomy to choose the content of his own message and, conversely, to decide what not to say."

17. Dale v. Boy Scouts of America – excluding gay scout leaders?

18. “Expressive association”
1) Is the group an expressive association? 2) Does the state regulation significantly burden that expression?

19. Freedom of Association vs
Freedom of Association vs. discrimination…What must you prove to overcome exclusion?

20. 1) Inconsistency

21. 2) Damages

22. 3) No alternatives or compromise
Women’s American Bar Association?
Hispanic American Bar Association?

24. Could we start a Focus on the Family outreach club at EHS?