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Friends, Associates And Associations: Theoretically And Empirically Grounding The Freedom Of Association, Tabatha Abu El-Haj

Tabatha Abu El-Haj

This Article argues that while the freedom of association is back at the center of the First Amendment, it suffers from the fact that it has been both theoretically and doctrinally subsumed by the freedom of speech. The First Amendment’s self-governance interest is necessarily broader than an interest in political debate and a vibrant marketplace of political ideas.

Association and associations enable the political participation that can turn ideas and debate into the action required to create democratic accountability. Free association doctrine is, therefore, uniquely positioned to promote representative government by protecting conditions necessary for an active citizenry.

A reoriented …