Free Speech

Case - 530 U.S. 567

Parties: Cal. Democratic Party v. Jones

Date: 2000-06-26

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Opinions:

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Paragraph: 37 - The Court's contrary conclusion rests on the premise that a political party's freedom of expressive association includes a "right not to associate," which in turn includes a right to exclude voters unaffiliated with the party from participating in the selection of that party's nominee in a primary election. Ante, at 6-7. In drawing this conclusion, however, the Court blurs two distinctions that are critical: (1) the distinction between a private organization's right to define itself and its messages, on the one hand, and the State's right to define the obligations of citizens and organiza- tions performing public functions, on the other; and (2) the distinction between laws that abridge participation in the political process and those that encourage such participation.

Notes:

Preferred Terms:

  • (is not) right not to associate

Phrase match: s freedom of expressive association includes

Source: http://freespeech.iath.virginia.edu/exist-speech/cocoon/freespeech/FOS_newSTerms_One?doc=/db/fos_all/federal/SC/2000s/20000626.530.US.567.xml&keyword1=freedom of&wordsBefore=1&wordsAfter=3#m1

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