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AP U.S. Government 1.1 Civil Rights and Liberties. In which case did the Supreme Court hold that the right of association included a right to exclude people from membership?

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Transcript

00:00

Thank you We sneak And here's your shmoop du jour

00:05

brought to you by boy scouts versus dale One teen's

00:09

hard fought battle for a supreme court merit badge In

00:13

which case did the supreme court hold that the right

00:15

of association included a right to exclude people from membership

00:20

and hear the potential answers i want All right well

00:24

the right of association falls under that constitutional all star

00:27

right of assembly One of the five freedoms listed in

00:31

the first amendment right to exclude basically means that under

00:34

our constitutionally protected right to gather together we're allowed to

00:38

turn people away from our hangout sesh free Speaking of

00:43

which let's See which of these court cases tested the

00:45

bounds of government interference with the group's ability Teo freely

00:49

associate All right Did the supreme court ruled that the

00:52

right of association includes a right of exclusion in texas

00:55

v johnson And we're getting a little overheated with all

00:58

this constitutional talk especially because texas v johnson de criminalized

01:03

the burning of american flags as a protection of free

01:07

speech So we can was the right of exclusion protected

01:12

by the supreme court in be tinker v des moines

01:15

Well we know high school dress codes can be such

01:18

a drag but imagine taking our protests all the way

01:20

to supreme court Pretty fashionable right Well that's What happened

01:24

in tinker v des moines where three students decried suspension

01:28

wearing black armbands to protest the vietnam war And guess

01:32

what The students one since the court Ruled that the

01:36

suspension was an unconstitutional suppression of the students right to

01:39

free speech With that we can really be did The

01:43

supreme court deal with the right of association in c

01:46

brandenburg v ohio knew that case had to do with

01:51

freedom of speech is well but let's be clear brandenburg

01:54

was pretty terrible since he was the leader of a

01:56

ku klux klan group in rural ohio At a meeting

02:00

brandenburg said that he wanted to do some pretty unspeakable

02:03

things to people he didn't really like and he was

02:06

arrested for his inflammatory language The supreme court however reversed

02:10

the decision claiming that brandenburg could say whatever awful thing

02:13

he wanted just so long as he didn't directly command

02:17

people that commit violent acts in the name of those

02:20

awful things No option c can go as well What

02:23

about e roth The u s well roth the u

02:27

s was super obscene literally The supreme court ruled in

02:31

the nineteen fifty seven case that obscenity meaning offensive or

02:35

sexually explicit materials was not protected under freedom of speech

02:40

or freedom of the press Basically if one's smutty materials

02:45

don't have any redeeming social value well then they're out

02:48

of luck which means the supreme court held the right

02:50

of association to include a right of exclusion in boy

02:53

scouts v dale In this two thousand case the boy

02:56

scouts of america were sued for excluding gay members Not

02:59

so super troopers right But the supreme court said the

03:02

boy scouts right to exclude whomever they wanted was protected

03:06

by the first amendment's guarantee of free assembly and association

03:11

So d is the right answer Free association essentially means

03:14

that group's heir free to associate with whoever they want

03:17

and because the boy scouts are private organizations they're allowed

03:20

to discriminate any way they want We guess tolerance isn't 00:03:24.308 --> [endTime] popular merit Badge no

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