Why Associations Matter : The Case for First Amendment Pluralism
Saved in:
| Title: | Why Associations Matter : The Case for First Amendment Pluralism |
|---|---|
| Description: | 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. Why Associations Matter traces this dichotomy through Supreme Court jurisprudence culminating in Martinez, revealing a pattern of free association treated only as an individual right of expressive association derived from the Speech Clause alone. Sheahan then draws on the political sociology of Robert Nisbet to make a case for recognizing the social importance of associations and institutions that cannot be reduced to their individual members or subsumed into the state for purposes of constitutional analysis.Translating the sociological qualities of associations into jurisprudential categories, Why Associations Matter provides practical advice for protecting freedom of association through the judiciary and the legislature—and guaranteeing this fundamental right its proper place in American society. |
| Authors: | Luke C. Sheahan |
| Resource Type: | eBook. |
| Subjects: | Freedom of association--United States, Associations, institutions, etc.--Law and legislation--United States |
| Categories: | POLITICAL SCIENCE / American Government / National, POLITICAL SCIENCE / Civics & Citizenship, POLITICAL SCIENCE / Constitutions |
| Database: | eBook Collection (EBSCOhost) |
| FullText | Links: – Type: ebook-epub Text: Availability: 0 |
|---|---|
| Header | DbId: nlebk DbLabel: eBook Collection (EBSCOhost) An: 3610631 RelevancyScore: 1097 AccessLevel: 6 PubType: eBook PubTypeId: ebook PreciseRelevancyScore: 1096.64697265625 |
| IllustrationInfo | |
| ImageInfo | – Size: thumb Target: https://rps2images.ebscohost.com/rpsweb/othumb?id=NL$3610631$EPUB&s=r – Size: medium Target: https://rps2images.ebscohost.com/rpsweb/othumb?id=NL$3610631$EPUB&s=d |
| Items | – Name: Title Label: Title Group: Ti Data: Why Associations Matter : The Case for First Amendment Pluralism – Name: Abstract Label: Description Group: Ab Data: 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. Why Associations Matter traces this dichotomy through Supreme Court jurisprudence culminating in Martinez, revealing a pattern of free association treated only as an individual right of expressive association derived from the Speech Clause alone. Sheahan then draws on the political sociology of Robert Nisbet to make a case for recognizing the social importance of associations and institutions that cannot be reduced to their individual members or subsumed into the state for purposes of constitutional analysis.Translating the sociological qualities of associations into jurisprudential categories, Why Associations Matter provides practical advice for protecting freedom of association through the judiciary and the legislature—and guaranteeing this fundamental right its proper place in American society. – Name: Author Label: Authors Group: Au Data: <searchLink fieldCode="AR" term="%22Luke+C%2E+Sheahan%22">Luke C. Sheahan</searchLink> – Name: TypePub Label: Resource Type Group: TypPub Data: eBook. – Name: Subject Label: Subjects Group: Su Data: <searchLink fieldCode="DE" term="%22Freedom+of+association--United+States%22">Freedom of association--United States</searchLink><br /><searchLink fieldCode="DE" term="%22Associations%2C+institutions%2C+etc%2E--Law+and+legislation--United+States%22">Associations, institutions, etc.--Law and legislation--United States</searchLink> – Name: SubjectBISAC Label: Categories Group: Su Data: <searchLink fieldCode="ZK" term="%22POLITICAL+SCIENCE+%2F+American+Government+%2F+National%22">POLITICAL SCIENCE / American Government / National</searchLink><br /><searchLink fieldCode="ZK" term="%22POLITICAL+SCIENCE+%2F+Civics+%26+Citizenship%22">POLITICAL SCIENCE / Civics & Citizenship</searchLink><br /><searchLink fieldCode="ZK" term="%22POLITICAL+SCIENCE+%2F+Constitutions%22">POLITICAL SCIENCE / Constitutions</searchLink> |
| PLink | https://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=nlebk&AN=3610631 |
| RecordInfo | BibRecord: BibEntity: Classifications: – Code: 342.730854 Scheme: ddc Type: prePub Languages: – Code: eng Text: English Subjects: – SubjectFull: Freedom of association--United States Type: general – SubjectFull: Associations, institutions, etc.--Law and legislation--United States Type: general Titles: – TitleFull: Why Associations Matter : The Case for First Amendment Pluralism Type: main BibRelationships: HasContributorRelationships: – PersonEntity: Name: NameFull: Luke C. Sheahan – PersonEntity: Name: NameFull: Luke C. Sheahan IsPartOfRelationships: – BibEntity: Dates: – D: 01 M: 01 Type: published Y: 2020 – D: 15 M: 11 Type: profile Y: 2023 Identifiers: – Type: isbn-print Value: 9780700629251 – Type: isbn-electronic Value: 9780700629268 Titles: – TitleFull: Why Associations Matter : The Case for First Amendment Pluralism Type: main |
| ResultId | 1 |
