The right of the people to meet or associate with others for peaceful purposes


Amendment I to the U.S. Constitution
"Congress shall make no law ... abridging ... the right of the people peaceably to assemble."


America at Her Best, by Joseph S. Fulda, The Freeman, Nov 1981
"Freedom of association includes both the freedom to associate and the freedom not to associate. The flight of productive citizens from the tired cities, in particular, and the Northeast, in general, is a powerful use of both freedoms, a primal expression of the American ideal."
Boy Scouts of America and Monmouth Council, Boy Scouts of America, Petitioners, v. James Dale, Respondent [PDF], by Cato Institute, 28 Feb 2000
Brief of Amici Curiae (friends of the court) authored by Eagle Forum Education & Legal Defense Fund, Cato Institute and five other organizations, in support of the petitioners
"... the Constitution offers its most steadfast and unflinching protection to a broadly defined sphere of private association. Private expressive associations should include, at a minimum, all nonprofit, non-commercial entities that have some expressive purpose and limit membership in any manner related to that purpose. ... Once the constitutionally proper scope of private expressive association is recognized, it readily follows that the Boy Scouts and its local affiliates are fully protected by the First Amendment."
Fighting Discrimination without the Government, by Sheldon Richman, Future of Freedom, Jun 2014
Comments on an Arizona amendment about discrimination by non-government individuals or groups
"... the refusal to serve someone ... is nevertheless an exercise of self-ownership, property rights, and freedom of nonassociation. It is both nonviolent and nonviolative of other people's rights. If we are truly to embrace freedom of association, logically we must also embrace freedom of nonassociation. The test of one's commitment to freedom of association, like freedom of speech, is whether one sticks by it even when the content is objectionable."
Individual Rights or Civil Rights?, by Sheldon Richman, Future of Freedom, Dec 1995
Contrasts the right not to be discriminated against with the right of freedom of association and concludes that one of them is invalid
"If an individual owns his life, he has the right to choose with whom he'll deal. That right to choose logically entails the right to use whatever criteria the person wishes. No rights are violated if he should abstain from dealing with a particular person. That statement remains true regardless of what criteria he uses. No rights are violated, simply because no one has a right to deal with him (absent, of course, some previous contractual obligation)."
On Freedom of Association, by Charles W. Baird, The Freeman, Jul 2002
"The associations we choose to enter may not undertake violence to accomplish their ends, and within each association one person may not coerce another. Associations must be based on mutual consent. ... We are free to associate with those who will accept us ... and we are free to abstain from associations of which we do not approve ..."
The Authority of a Foreign Talisman: A Study of U.S. Constitutional Practice as Authority in Nineteenth Century Argentina and the Argentine Elite's Leap of Faith, by Jonathan M. Miller, American University Law Review, Jun 1997
Examines the history of Argentine law prior to adoption of the 1853 Constitution, the arguments in Alberdi's Bases and the influence of the U.S. Constitution during the remainder of the 19th century and up to 1930
"Freedom of association was extensive. The Radical Party participated in rebellions against the government in 1890, 1893, and 1905, but never faced limits on its activities for very long once a rebellion was over. The Socialist Party-with newspapers, a deputy in Congress, and workers' co-ops-was well established by the early 1900s."
The Chavez Tragedy, by Sheldon Richman, Future of Freedom, Mar 2001
Comments on the disclosure that Linda Chavez, nominee for U.S. Secretary of Labor, had harbored an illegal immigrant
"By what moral theory must Chavez get a bureaucrat's okay before she invites an abused and impoverished Guatemalan woman to stay in her home for however long she wishes? The same folks who rhapsodize about freedom of association went berserk at Chavez's benevolent act. ... The immigration issue, freed of its grandiloquent pronouncements about national sovereignty, is nothing more than a matter of freedom of association. Chavez violated no one's rights by what she did."
Related Topic: Labor
We Can Oppose Bigotry without the Politicians, by Sheldon Richman, 28 Feb 2014
Explains why the state is not necessary to ensure that people or business don't discriminate against others on the basis of sexual orientation or some other reason
"If we are truly to embrace freedom of association, logically we must also embrace freedom of nonassociation. The test of one's commitment to freedom of association, like freedom of speech, is whether one sticks by it even when the content repulses. ... Boycotts, publicity, ostracism, and other noncoercive measures are also constituents of freedom of association."
Related Topic: The State


Liberty & Community, by James Otteson, 14 Jun 2011
Contrasts the arguments from the political right and left as to whether granting individual liberty threatens the larger community, counseling that freedom of association is necessary to a free society
"One effect of individual liberty on human communities that's often overlooked is that it enables the creation of new communities. It's not just a destructive force. It's a creative force. What human beings do when they're allowed is they can associate themselves in new and unpredictable ways that match up with their own schedule of values, their own commitments. In those kinds of communities, because they're freely chosen and because they connect up with people’s personal schedules of values, the things that matter to them, those kinds of communities can be deep. They can be social, and they can be meaningful additions to human happiness."
Related Topic: Individual Liberty