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The Freedom Of Intimate Association In The Twenty First Century, Nancy C. Marcus

Nancy C Marcus

This article contends that recent developments in the Supreme Court's jurisprudence have created a historic opportunity for the Court to revisit and clarify its freedom of intimate association doctrine. The article traces the history of the freedom of intimate association, explaining how the Supreme Court in Roberts v. United States Jaycees, the first decision explicitly articulating a right to intimate association, failed to describe the parameters and contours of that right with enough precision to sufficiently guide later decisions. The article describe the resulting split among the circuits in their efforts to implement Roberts' intimate association guidelines, with some circuits …