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Constitutional Law

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Selected Works

Michael R Dimino

2013

First amendment

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It's My Party And I'Ll Do What I Want To: Political Parties, Unconstitutional Conditions, And The Freedom Of Association, Michael R. Dimino Dec 2012

It's My Party And I'Ll Do What I Want To: Political Parties, Unconstitutional Conditions, And The Freedom Of Association, Michael R. Dimino

Michael R Dimino

To this point, cases and commentary have portrayed controversies about regulation of political parties as requiring a choice between the autonomy of parties and the power of the government to regulate elections. Supporters of government regulation have seen such regulation as worth the cost of limiting parties' freedom. Opponents have argued that parties' First Amendment rights entitle them not only to run themselves as they see fit but to receive the assistance of the government in doing so.
This Article has suggested a third way. By permitting government to condition benefits on parties' waiver of First Amendment rights, this new …