Why Association?

What is it about?

This article examines the constitutional right of association under U.S. law. It traces the historical roots of the right, and its evolution in the jurisprudence of the U.S.Supreme Court. Based on that history and jurisprudence, the article posits that in the United States (but not necessarily in other jurisdictions), the primary function of the right of association is political, to enable effective particiation by citizens in democratic self-governance. Finally, having set forth the nature and purpose of the U.S. right of association, the article explains how that purpose shapes the nature of the right. It explains why a democratic right of association must be broad given the nature of democracy in the United States, including providing protection to discriminatory and extremist groups. But at the same time, the article explains why commercial entities do not and should not receive constitutional protection under the right of association.

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