Freedom of association - Next Generation Bar Exam

1. Under Boy Scouts of America v. Dale, when does forced inclusion of an unwanted member violate expressive association?

   When it would significantly burden the group's ability to express its views. Courts defer to a group's assertion of what its message is.

2. Under Janus v. AFSCME, what is the status of requiring public employees to pay agency fees to a union they have not joined?

   It violates the First Amendment without the employee's affirmative consent. Compelled subsidies of a union's speech infringe free speech and association.

3. Under Americans for Prosperity Foundation v. Bonta, what standard governs compelled disclosure of an organization's members or donors?

   Exacting scrutiny: a substantial relation to a sufficiently important interest, narrowly tailored. NAACP v. Alabama first recognized that compelled disclosure can chill association.

4. A state requires a large, unselective civic organization to admit women. The group's message does not concern sex. What is the status of the requirement?

   It is valid, because eliminating sex discrimination is a compelling interest and admission does not burden the group's message. In Roberts v. Jaycees, admitting women did not impair the organization's ability to express its views.

5. Under Rumsfeld v. FAIR, what is the status of requiring law schools to give military recruiters equal access as a condition of funding?

   It does not violate the schools' freedom of association. Allowing recruiters on campus did not force the schools to accept them as members or endorse their views.

6. Under California Democratic Party v. Jones, what is the status of a blanket primary that lets voters of any party choose a party's nominee?

   It violates the party's right of association. A party has a right to choose its nominee without the participation of nonmembers.

7. Under Elrod v. Burns and Branti v. Finkel, which public employees may not be dismissed for their political party affiliation?

   Those whose positions do not require party affiliation for effective performance. Policymaking or confidential positions may be filled on a partisan basis.

8. What standard governs government infringement of the right of expressive association?

   A compelling interest unrelated to suppressing ideas that cannot be achieved by significantly less restrictive means. Roberts v. United States Jaycees stated this standard.

9. When may the government penalize a person for membership in an organization with illegal aims?

   Only if the person knows of the illegal aims and specifically intends to further them. Mere membership, without specific intent, is protected.

10. What relationships does the right of intimate association protect?

    Close personal relationships, such as family relationships. Large, unselective organizations do not qualify for intimate-association protection.

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