scouts-l Mail Archive for May of 2000: Re: Open to the public
Bill Nelson (bnelson45@HOTMAIL.COM
Sun May 07 2000 - 12:25:44 CDT
On Sun, 7 May 1972 12:17:20 -0400, Cheryl Singhal <csinghal@CAPACCESS.ORG> wrote:
>Just for discussion, let's say we've got Group A, Group B, and Group C.
>Each of those groups is free to associate with the others, so we could
>theoretically end up adding Group AB, Group AC, Group BC, and Group ABC.
>(and for the benefit of the mathematicians, Group BA, CA, CB, BAC, CAB,
>BCA, and CBA).
>If, however, Group B does not wish to associate with Group C and asserts
>a First Amendment right of association to NOT associate, has Group C's
>First Amendment right of association been abridged?
The answer to your question is: no.
As long as the government is not not involved, no one's
First Amendment right is affected. Remember,
the First Amendment restricts what the government can do to the
"Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging
the freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the
Government for a redress of grievances."
- The First Amendment to the U.S. Constitution
>From previous rulings of the Supreme Court, the right of association derives from
from the First Amendment guarantees of speech, assembly, and petition, although it has at times
has been referred to as a separate, independent freedom protected by the First
"This case involves constitutional rights at the heart of our free society: the
freedom of a private, voluntary, noncommercial organization to create and
interpret its own moral code, and to choose leaders and define membership
- from the BSA petition to the Supreme Court for a hearing.
Depending on how the Supreme Court decides this case, it could have
implications reaching far beyond the BSA and homosexual rights.
For more information on your First Amendment see:
The Constitution can be found here: