Free Download Luke C. Sheahan, "Why Associations Matter: The Case for First Amendment Pluralism"
English | ISBN: 0700629254 | 2020 | 248 pages | PDF | 3 MB
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.
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