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Associational Speech, Ashutosh Bhagwat

Ashutosh Bhagwat

This article explores the relationship between the First Amendment right of free speech and the nontextual First Amendment right of freedom of association. In Part I, I explore the doctrinal roots of the right of association, and also review recent scholarship regarding the association right, as well as the provisions of the First Amendment addressing public assembly and petitioning the government for a redress of grievances. Drawing on these materials, I demonstrate that historically, the assembly, petition, and association rights were important, independent rights of co-equal status to the free speech and press rights of the First Amendment, and therefore …