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The First Amendment and the Business Corporation$
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Ronald J. Colombo

Print publication date: 2014

Print ISBN-13: 9780199335671

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780199335671.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 January 2022

The First Amendment

The First Amendment

Freedom of Association

(p.177) Chapter 8 The First Amendment
The First Amendment and the Business Corporation

Ronald J. Colombo

Oxford University Press

Freedom of association is not explicitly mentioned in the First Amendment. This freedom makes its first Supreme Court appearance in the 1927 case Whitney v. California. Over time, culminating in the case Boy Scouts of America v. Dale, the freedom has come to permit organizations both privacy of their membership rosters and control over who can be admitted as members. Although at one time, freedom of association was arguably limited to only intimate associations and expressive associations, after Dale it appears invocable by any association that happens to engage in expression, regardless of whether it was organized as an explicitly expressive association or not. For reasons discussed previously, the postmodern corporation has expressive potential, whereas the modern corporation does not. Consequently, freedom of association ought to be a right recognized by postmodern corporations but not by modern corporations.

Keywords:   freedom of association, expressive associations, Boy Scouts, Dale case, First Amendment, postmodern corporation

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