Case Categories: Freedom of Association

The freedom of association — unlike the rights of religion, speech, press, assembly, and petition — is a right not listed in the First Amendment but recognized by the courts as a fundamental right.

There are two types of freedom of association: the right to expressive association and the right to intimate association.

Additionally, the First Amendment protects a right to associate and a right not to associate together.

The right to expressive association refers to the right of people to associate together for expressive purposes – often for political purposes. The U.S. Supreme Court recognized this right in NAACP v. Alabama (1958), reasoning that individual members of the civil rights group had a right to associate together free from undue state interference. 

Another line of freedom of association cases concern the rights of political parties to set their own rules and govern their internal affairs.  

A key aspect of freedom to associate is the ability of a group to associate with like-minded persons. Some freedom of association cases have proven difficult to navigate for the courts, because the freedom to associate or not associate often runs headlong into a state public accommodation or anti-discrimination law. 

• Americans for Prosperity Foundation v. Bonta (2021)

  In Americans for Prosperity v. Bonta, the U.S. Supreme Court invalidated a California requirement that charities share the names of donors who contributed more...

• Bates v. Little Rock (1960)

  In Bates v. Little Rock (1960), the Court affirmed that freedom of association finds protection within the First Amendment’s free speech and assembly clauses...

• Beilan v. Board of Education (1958)

  Beilan v. Board of Education (1958) glossed over First Amendment concerns and upheld a teacher's dismissal for refusing to answer questions about membership in...

• Board of Directors of Rotary International v. Rotary Club of Duarte (1987)

  In Board of Directors of Rotary International v. Rotary Club of Duarte (1987), the Supreme Court said Rotary had no First Amendment right to exclude women...

• Boy Scouts of America v. Dale (2000)

  Boy Scouts of America v. Dale (2000) ruled that the Boy Scouts had the First Amendment expressive association right to revoke the membership of a gay assistant...

• City of Dallas v. Stanglin (1989)

  City of Dallas v. Stanglin (1989) said that social dancing is not an expressive association protected by the First Amendment when upholding age limits on teen...

• Dawson v. Delaware (1992)

  In Dawson v. Delaware (1992), the Court said that the First Amendment imposes limits on introducing a criminal defendant’s group associations during...

• Delaware Strong Families v. Penn (2016)

  The court did not grant certiorari in Delaware Strong Families v. Penn (2016), which dealt with campaign disclosure and First Amendment anonymity rights...

• Gentile v. State Bar of Nevada (1991)

  In Gentile v. State Bar of Nevada, the court struck down Nevada's limit on attorney speech as too vague while upholding some restrictions on attorney speech...

• Holder v. Humanitarian Law Project (2010)

  Holder v. Humanitarian Law Project (2010) rejected First Amendment challenges in upholding a federal law prohibiting material support to terrorist organizations...

• Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston (1995)

  Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston (1995) said the First Amendment expression rights of a group holding a parade trumped anti-...

• Louisiana ex rel. Gremillion v. NAACP (1961)

  Louisiana ex rel. Gremillion v. NAACP (1961) said a Louisiana law requiring the NAACP to submit its membership list violated the First Amendment freedom of...

• Lyng v. International Union, UAW (1988)

  Lyng v. International Union, UAW (1988) ruled that a law that withheld food stamps from people with family members on strike did not infringe upon First...

• NAACP v. Alabama (1958)

  In NAACP v. Alabama (1958), the Court ruled that the First Amendment protected the free association rights of the NAACP and its rank-and-file members...

• NAACP v. Button (1963)

  NAACP v. Button (1963) was important not only to First Amendment jurisprudence but also to the vitality of public interest law firm litigation in general...

• New York ex rel. Bryant v. Zimmerman (1928)

  New York ex rel. Bryant v. Zimmerman (1928) upheld the conviction of an individual who belonged to the Ku Klux Klan who had not registered according to state...

• Shelton v. Tucker (1960)

  Shelton v. Tucker (1960) said an Arkansas law requiring schoolteachers to submit the organizations to which they belonged violated First Amendment freedom of...

• Smith v. Arkansas State Highway Employees (1979)

  Smith v. Arkansas State Highway Employees (1979) ruled that the commission did not violate First Amendment rights by refusing to accept grievances through a...

• United States v. Robel (1967)

  Basing the decision on the freedom of association under the First Amendment, the Supreme Court in 1967 upheld the dismissal of an indictment against a Communist...

• United Transportation Union v. State Bar of Michigan (1971)

  In 1971, the Supreme Court reversed an injunction that prevented a union from providing legal advice and services to members, saying it interfered with the...

• Uphaus v. Wyman (1959, 1960)

  The Supreme Court in 1959 and 1960 upheld the contempt conviction that led to the jailing of Methodist pacifist minister Dr. Willard Uphaus for refusing to...