American Constitutionalism in Historical Perspective (packet)

J. Freedom of Association

1. 
   Mandatory disclosure of group membership is unconstitutional NAACP v. Alabama (1958) p.1388 Harlan: privacy value of what groups you are a member of is connected to associational liberty b/c t chills joining group if will be ostracized for being in it. Implicit in free speech that there is rt of association b/c needed for serious protest Same structure of Griswold: if protect one rt must protect another. Disclosure of info violates privacy which violates associational liberty. C/n have content based discrimination of NAACP so need to protect association and privacy.
   
2. 
   Constitutional compulsory disclosure: Bryant v. Zimmerman: given KKK’s background, no prob requiring lists to be disclosed. Org is criminal in its ideology, committed to violence and terror so not constit protected. Not engaged in protected free speech. NAACP is committed to NONVIOLENCE and change through law so protected. See bottom of p. 1389
   
3. 
   In wake of Dennis, preferred overbreadth doctrine b/c as applied analysis put wt on appellate judiciary to examine facts de novo, req ct to redraw statutes as to when constitutional or unconstitutional but is something that legislature should do, and finally there is a chilling effect from overbroad statutes –see Dennis. Tells Congress to redraw statute that is constitutional—clean up your act and then we will apply it.
   
4. 
   Unconstitutional on its face:
   
   1. 
      Shelton v. Tucker (1960) p.1389 statute unconstitutional which required every teacher to disclose every organized that ever belonged to or contributed to in the past 5 yrs
      
      1. 
         Acceptable purpose to look at competence of teachers. If members of too many orgs, then not responsible teachers b/c too busy. But would be applied too broadly and w/n keep info confidential.
         
      2. 
         There is less restrictive way to ensure state purpose. Can ask how much time spend in orgs, keep data confidential, list references, not necessary that absolutely list orgs.
         
   2. 
      Gibson v. Florida Legislative Investigation Comm. (1963) p.1391: wanted NAACP to disclose membership records to look for Communists. State needs to show a substantial relation b/w the info sought and the subject of overriding and compelling state interest. Record d/n show substantial connection b/w branch of NAACP and Communist activities.
      
5.