Skip to main content
×
Home
    • Aa
    • Aa

WHAT IS FREEDOM OF ASSOCIATION, AND WHAT IS ITS DENIAL?

  • Larry Alexander (a1)
  • DOI: http://dx.doi.org/10.1017/S0265052508080163
  • Published online: 01 June 2008
Abstract

Freedom of association, as I understand it, refers to the liberty a person possesses to enter into relationships with others—for any and all purposes, for a momentary or long-term duration, by contract, consent, or acquiescence. It likewise refers to the liberty to refuse to enter into such relationships or to terminate them when not otherwise compelled by one's voluntary assumption of an obligation to maintain the relationship. Freedom of association thus is a quite capacious liberty.

I am going to approach the topic of freedom of association by attempting to illustrate what its denial would look like in each of several domains. I shall then ask why a government might seek to deny it and then, in the article's final section, on what grounds such a denial would violate the rights with respect to freedom of association of those affected.

Copyright
Linked references
Hide All

This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

Jed Rubenfeld , “The New Unwritten Constitution,” Duke Law Journal 51 (2001): 289

Thomas C. Grey , “Cover Blindness,” in R. C. Post , ed., Prejudicial Appearances (Durham, NC: Duke University Press, 2001), 8597

Larry Alexander , “Equal Protection and the Irrelevance of ‘Groups,’Issues in Legal Scholarship (2002), http://www.bepress.com/ils/iss2/art1

Kimberly A. Yuracko , “Private Nurses and Playboy Bunnies: Explaining Permissible Sex Discrimination,” California Law Review 92 (2004): 147, 201–12

Larry Alexander , “What Makes Wrongful Discrimination Wrong?University of Pennsylvania Law Review 141 (1992): 149

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

Social Philosophy and Policy
  • ISSN: 0265-0525
  • EISSN: 1471-6437
  • URL: /core/journals/social-philosophy-and-policy
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×