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Confident PluralismSurviving and Thriving through Deep Difference$
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John D. Inazu

Print publication date: 2016

Print ISBN-13: 9780226365459

Published to Chicago Scholarship Online: January 2017

DOI: 10.7208/chicago/9780226365596.001.0001

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The Voluntary Groups Requirement

The Voluntary Groups Requirement

Rehabilitating the Right of Association

(p.34) Chapter 2 The Voluntary Groups Requirement
Confident Pluralism

John D. Inazu

University of Chicago Press

Chapter 2 sets out the cornerstone of Confident Pluralism's constitutional commitments: the protections for individuals to form and gather in groups of their choosing. These protections are under pressure from modern changes to the right of association that focus on intimacy and expressiveness. Intimate association protects very few actual groups. Expressive association, which emerges most clearly from Roberts v. United States Jaycees and Boy Scouts of America v. Dale, lacks a coherent framework and leaves certain groups deemed “non-expressive” particularly vulnerable. Chapter 2 explores these ideas through the Top Hatters Motorcycle Club and Muslim Student Associations. It emphasizes the importance of strengthening protections for the voluntary groups of civil society. Let's call this the Voluntary Groups Requirement.

Keywords:   right of association, intimate association, expressive association, voluntary groups, Top Hatters, Muslim Student Associations

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