Parties: Elrod v. Burns
Date: 1976-06-28
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Paragraph: 25 - And, though freedom of belief is central, N30* "(t)he First Amendme protects political association as well as political expression." Buckley v. Valeo, supra, 424 U.S. at 11, 96 S.Ct. at 632. N31* "There can no longer be any doubt that freedom to associate with others for the common advancement of political beliefs and ideas is a form of 'orderly group activity' protected by the First and Fourteenth Amendments.
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Paragraph: 28 - Particularly pertinent to the constitutionality of the practice of patronage dismissals are Keyishian v. Board of Regents, 385 U.S. 589, 87 S.Ct. 675, 17 L.Ed.2d 629 (1967), and Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972). In Keyishian, the Court invalidated New York statutes barring employment merely on the basis of membership in "subversive" organizations. Keyishian squarely held that political association alone could not, consistently with the First Amendment, constitute an adequate ground for denying public employment. In Perry, the Court broadly rejected thealidity of limitations on First Amendment rights as a condition to the receipt of a governmental benefit, stating that the government N95* "may not deny a benefit to a person on a basis that infringes his constitutionally protected interests especially, his interest in freedom of speech. For if the government could deny a benefit to a person because of his constitutionally protected speech or associations, his exercise of those freedoms would in effect be penalized and inhibited.
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