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Civil Rights Liberties

Read e-book online Freedom of Association. Rights and Liberties under the Law PDF

By Robert J. Bresler

From colonial occasions to the knowledge age, an exhaustive survey of 1 of America's such a lot contentious constitutional rights.

• vast A–Z entries on members like Alexis de Tocqueville and Robert Putnam, corporations equivalent to the NAACP, and ideas, phrases, and events

• Chronology of key advancements within the historical past of freedom of organization, together with Boy Scouts of the USA v. Dale and the Communist regulate Act of 1954

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2d ed. Mineola, NY: Foundation Press. Verba, Sidney, Kay Lehman Schlozman, and Henry E. Brady. 1995. Voice and Equality: Civic Voluntarism in American Politics. Cambridge: Harvard University Press. Warren, Mark E. 2001. Democracy and Association. Princeton, NJ: Princeton University Press. Washington, George. 1931. Sixth annual address to Congress (November 19, 1794). In The Writings of George Washington. Vol. 35. Edited by John C. Fitzpatrick. Washington, DC: Government Printing Office, pp. 214–238.

Associations as a Counterweight to the Pow er o f th e State Tocqueville believed that “freedom of association has become a necessary guarantee against the tyranny of the majority” (2000, 182). Associative freedom, according to Tocqueville, had an intrinsic value. He believed that civil associations were essential to the success of a self-governing people. The innovation and the vitality of this young nation fascinated Tocqueville, and he credited it to the formation of voluntary associations, which were not only business associations but touched virtually every aspect of life.

They can become the mechanism through which raw self-interest is transformed into what Tocqueville called “selfinterest rightly understood”—a willingness to sacrifice some selfinterest for the greater good. When individuals cooperate in voluntary association, they learn the values of moderation, self-command, and the need to compromise. Thus, such associations foster the habits of a democratic, self-governing people (Galston 2000, 64–70). Kateb voices his disquiet when “association is intrinsically yoked to speech and is protected only because speech is protected” (1998, 35).

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