Parties: CHRISTIAN LEGAL SOCIETY CHAPTER OF THE UNIVERSITY OF CALIFORNIA, HASTINGS COLLEGE OF THE LAW, aka HASTINGS CHRISTIAN FELLOWSHIP, Petitioner v. LEO P. MARTINEZ et al.
Date: 2010-06-28
Identifiers:
Opinions:
Segment Sets:
Paragraph: 173 - It is now well established that the First Amendment shields the right of a group to engage in expressive association by limiting membership to persons whose admission does not significantly interfere with the group's ability to convey its views.
Notes:
Preferred Terms:
Phrase match: the right of a group to
Search time: 2018-03-15 12:38:56 Searcher: clm6u Editor: ars9ef Segmenter: ars9ef
Paragraph: 176 - As our cases have recognized, the right of expressive association permits It bears emphasis that permitting religious groups to limit membership to those who share the groups' beliefs would not have the effect of allowing other groups to discriminate on the basis of religion. It would not mean, for example, that fraternities or sororities could exclude students on that basis. a group to exclude an applicant for membership only if the admission of that person would "affec[t] in a significant way the group's ability to advocate public or private viewpoints."
Notes:
Preferred Terms:
Phrase match: the right of expressive association permits
Search time: 2018-03-15 12:38:56 Searcher: clm6u Editor: ars9ef Segmenter: ars9ef
Paragraph: 4 - In accord with the District Court and the Court of Appeals, we reject CLS's First Amendment challenge. Compliance with Hastings' all-comers policy, we conclude, is a reasonable, viewpoint-neutral condition on access to the student-organization forum. In requiring CLS--in common with all other student organizations--to choose between welcoming all students and forgoing the benefits of official recognition, we hold, Hastings did not transgress constitutional limitations. CLS, it bears emphasis, seeks not parity with other organizations, but a preferential exemption from Hastings' policy. The First Amendment shields CLS against state prohibition of the organization's expressive activity, however exclusionary that activity may be. But CLS enjoys no constitutional right to state subvention of its selectivity.
Notes:
Preferred Terms:
Phrase match: constitutional right to state subvention of
Search time: 2018-01-12 14:48:12 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 38 - As just noted, speech and expressive-association rights are closely linked. See Roberts, 468 U.S., at 622, 104 S. Ct. 3244, 82 L. Ed. 2d 462 (Associational freedom is N140* "implicit in the right to engage in activities protected by the First Amendment."). When these intertwined rights arise in exactly the same context, it would be anomalous for a restriction on speech to survive constitutional review under our limited-public-forum test only to be invalidated as an impermissible infringement of expressive association.
Notes:
Preferred Terms:
Phrase match: the right to engage in activities
Search time: 2018-01-12 14:48:12 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 150 - In fact, funding plays a very small role in this case. Most of what CLS sought and was denied--such as permission to set up a table on the law school patio--would have been virtually cost free. If every such activity is regarded as a matter of funding, the First Amendment rights of students at public universities will be at the mercy of the administration. As CLS notes: "[T]o university students, the campus is their world. The right to meet on campus and use campus channels of communication is at least as important to university students as the right to gather on the town square and use local communication forums is to the citizen."
Notes:
Preferred Terms:
Phrase match: The right to meet on campus
Search time: 2018-01-12 14:48:12 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 170 - The First Amendment [***883] protects the right of N141* "'expressive association' "--that is, the "right to associate for the purpose of speaking." Rumsfeld v. Forum for Academic and Institutional Rights, Inc., 547 U.S. 47, 68, 126 S. Ct. 1297, 164 L. Ed. 2d 156 (2006) (quoting Boy Scouts of America v. Dale, 530 U.S. 640, 644, 120 S. Ct. 2446, 147 L. Ed. 2d 55 (2000)). And the Court has recognized that N142* "[t]he forced inclusion of an unwanted person in a group infringes the group's freedom of expressive association if the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints."
Notes:
Preferred Terms:
Phrase match: the "right to associate for the
Search time: 2018-01-12 14:48:12 Searcher: ars9ef Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk
Paragraph: 173 - N61* ("[T]he First Amendment rights of speech and association extend to the campuses of state universities")
Notes:
Preferred Terms:
Phrase match: rights of speech and association extend
Search time: 2017-11-10 14:59:38 Searcher: clm6u Editor: ars9ef tcs9pk Segmenter: ars9ef tcs9pk