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Encyclopedia > Freedom of association
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Freedom
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Mohandas K. Gandhi - Freedom can be achieved through inner sovereignty. ... Political freedom is the right, or the capacity, of self-determination as an expression of the individual will. ... Liberty is generally considered a concept of political philosophy and identifies the condition in which an individual has immunity from the arbitrary exercise of authority. ...

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Group of women holding dick placards with political activist slogans: know your courts - study your politicians, Liberty in law, Law makers must not be law breakers, and character in candidates photo 1920 Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that... Bredene nude beach in Belgium. ... Morphological freedom is, according to neuroscientist Anders Sandberg, an extension of one’s right to one’s body, not just self-ownership but also the right to modify oneself according to one’s desires. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Freedom of movement is a human rights concept which is respected in the constitutions of numerous Western states. ... Freedom of the press (or press freedom) is the guarantee by a government of free public press for its citizens and their associations, extended to members of news gathering organizations, and their published reporting. ... It has been suggested that Religious toleration be merged into this article or section. ... The free software movement began in 1983 when Richard Stallman announced the GNU project. ... Freedom of speech is enshrined in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. ... Freedom of speech is enshrined in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. ... Freedom of thought (also called freedom of conscience and freedom of ideas) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, regardless of anyone elses view. ...

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Censorship is the editing, removing, or otherwise changing speech and other forms of human expression. ... Coercion is the practice of compelling a person to act by employing threat of harm (usually physical force, sometimes other forms of harm). ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... There are several non-governmental organizations that publish and maintain assessments of the state of freedom in the world and rank countries as being free, partly free, or unfree using various measures of freedom, including political rights, economic rights, and civil liberties. ... Media Transparency is the concept of determining how and why information is conveyed through various means. ... The philosophical concept of negative liberty refers to an individuals liberty from being subjected to the authority of others. ... Positive liberty is an idea that was first expressed and analyzed as a separate conception of liberty by John Stuart Mill but most notably described by Isaiah Berlin. ... Self-ownership is the condition where an individual has the exclusive moral or legal right to control his or her own body and life. ...

Freedom of association is a Constitutional (legal) concept based on the premise that it is the right of free adults to mutually choose their associates for whatever purpose they see fit. This concept has been included in several national constitutions, including the United States Constitution, the European Convention on Human Rights, and Canada's Charter of Rights. The United States Constitution is the supreme law of the United States of America. ... The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR), was adopted under the auspices of the Council of Europe[1] in 1950 to protect human rights and fundamental freedoms. ... The Canadian Charter of Rights and Freedoms is a constitutionally entrenched bill of rights which forms part of the Constitution of Canada adopted in 1982. ...

Contents

United States

While the United States Constitution's First Amendment identifies the rights to assemble and to petition the government, the text of the First Amendment itself does not make specific mention of a right to association. Nevertheless, the United States Supreme Court has held that the freedom of association is an essential part of the Freedom of Speech because, in many cases, people can only engage in effective speech when they join together with others. The Supreme Court has found the Constitution to protect the freedom of association in two cases: The United States Constitution is the supreme law of the United States of America. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Freedom of speech is enshrined in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. ...

1. Intimate Associations. A fundamental element of personal liberty is the right to choose to enter into and maintain certain intimate human relationships. These intimate human relationships are known as "intimate associations." The paradigmatic "intimate association" is the family.
2. Expressive Associations. Expressive associations are groups that engage in activities protected by the First Amendment—speech, assembly, petitioning government for a redress of grievances, and the free exercise of religion. Because the role of these relationships is central to safeguarding individual freedoms, they may receive protection from undue intrusion by the State. Thus, there is a constitutional freedom to associate as a means of preserving other individual liberties.

Statue of Liberty - Liberty is one meaning of freedom. Freedom may mean any of the following: the British newspaper, Freedom in music: the 1989 album by Neil Young, Freedom a song by Rage Against the Machine a song by Richie Havens geographically: a town in New York, USA; Freedom a... Look up Speech in Wiktionary, the free dictionary. ... Group of women holding dick placards with political activist slogans: know your courts - study your politicians, Liberty in law, Law makers must not be law breakers, and character in candidates photo 1920 Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that... A state is a set of institutions that possesses the exclusive legitimate authority to make the rules that govern the people in one or more societies, having internal and external sovereignty over a definite territory. ...

Limitation

However, the implicit First Amendment right of association is not a general right of association. For example, it is illegal in the United States to consider race in the making and enforcement of private contracts other than marriage or taking affirmative action. This limitation of freedom of association results from Section 1981 of Title 42 of the Civil Rights Act, as weighed against the First Amendment according to the court decision Runyon v. McCrary, 427 U.S. 160 (1976). Affirmative action (or positive discrimination) is a policy or a program whose stated goal is to redress past or present discrimination through active measures to ensure equal opportunity, for example in education, employment or seats in parliament and/or government. ... Several United States laws have been called the Civil Rights Act: Civil Rights Act of 1866 aimed to buttress Civil Rights Laws to protect freedmen and to grant full citizenship to those born on U.S. soil except Indians. ... The First Amendment to the United States Constitution is a part of the United States Bill of Rights. ...


The holding of Runyon is that the defendant private schools were free to express and teach their views, such as white separatism, but could not discriminate on the basis of race in the provision of services to the general public. So if the plaintiff African-American children wished to attend such private schools, and were clearly qualified in all respects (but race) and were able to pay the fees, and were willing to attend despite the fact that the schools strongly disliked them, then the schools were required by Section 1981 to admit them. The general rule to be drawn from this is that the First Amendment protects the right to express, including expression of racial discrimination, but people may not practice such ideas even within private associations. White separatism is a movement the objective of which is to obtain absolute self-determination for white people and their general separation from another people or peoples. ... An African American (also Afro-American, Black American) is a member of an ethnic group in the United States whose ancestors, usually in predominant part, were indigenous to Africa. ... Private schools, or independent schools, are schools not administered by local, state, or national government, which retain the right to select their student body and are funded in whole or in part by charging their students tuition rather than with public (state) funds. ...


This doctrine rests on the interpretation of a private contract as a "badge" of slavery when either party considers race in choosing the other. The phrase "badges... of slavery" is from the Circuit Court decision 109 U.S. 3 (1883) [1] upholding the power of Congress to pass laws under the Thirteenth Amendment to the United States Constitution compensating for the legacy of slavery. To meet Wikipedias quality standards, this article or section may require cleanup. ... Amendment XIII Amendment XIII (the Thirteenth Amendment) of the United States Constitution officially abolished, and continues to prohibit, slavery, and, with limited exceptions, prohibits involuntary servitude. ...


Libertarian

Freedom of association is a term popular in libertarian literature. It is used to describe the concept of absolute freedom to live in a community or be part of an organization whose values or culture are closely related to what one wants; or on a more basic level, to associate with any individual one chooses. See also Libertarianism and Libertarian Party Libertarian,is a term for person who has made a conscious and principled commitment, evidenced by a statement or Pledge, to forswear violating others rights and usually living in voluntary communities: thus in law no longer subject to government supervision. ... Value is a term that expresses the concept of worth in general, and it is thought to be connected to reasons for certain practices, policies or actions. ... Culture (from the Latin cultura stemming from colere, meaning to cultivate), generally refers to patterns of human activity and the symbolic structures that give such activity significance. ...


The right-libertarian (or "free market capitalist," "minarchist") concept of freedom of association is often rebuked from a moral/ethical context. Under laws in such a system, businessowners could refuse custom to anyone for whatever reason. Opponents argue that such practices are regressive and would lead to greater prejudice within society. Those right-libertarians sympathetic to freedom of association, such as Richard Epstein, in a case of refusing service, a case of the freedom of contract, respond that unjustified discrimination incurs a cost and therefore a competitive disadvantage. In civics, Minarchism, sometimes called minimal statism, is the view that government should be as small as possible. ... A moral is a one sentence remark made at the end of many childrens stories that expresses the intended meaning, or the moral message, of the tale. ... Ethics is a general term for what is often described as the science (study) of morality. In philosophy, ethical behavior is that which is good or right. ... This article may contain original research or unverified claims. ... Young people interacting within an ethnically diverse society. ... Richard Epstein Richard A. Epstein, born in 1943, is currently the James Parker Hall Distinguished Service Professor of Law at the University of Chicago Law School. ...


Workers' Freedom of Association

To most of the world, the freedom of association is a right identified under international labor standards as the right of workers' to organize and collectively bargain. The freedom of association is recognized as a fundamental human right by a number of human rights documents, including the Universal Declaration of Human Rights and International Labor Organization Convention C87 and Convention C98 -- two of the eight fundamental, core international labor standards. Collective agreement is a labor contract between an employer and one or more unions. ... The Universal Declaration of Human Rights (also UDHR) is a declaration adopted by the United Nations General Assembly (A/RES/217, December 10, 1948 at Palais de Chaillot, Paris), outlining the organizations view on the human rights guaranteed to all people. ... For other meanings of the ILO abbreviation, see ILO (disambiguation). ... Freedom of Association and Protection of the Right to Organise Convention, 1948 is an International Labour Organization Convention. ... Right to Organise and Collective Bargaining Convention, 1949 is an International Labour Organization Convention. ...


See also


  Results from FactBites:
 
Freedom of association - Wikipedia, the free encyclopedia (488 words)
Freedom of association is a term popular in libertarian literature.
The libertarian concept of freedom of association is often rebuked from a moral/ethical context.
The freedom of association is recognized as a fundamental human right by a number of human rights documents, including the Universal Declaration of Human Rights and International Labor Standards #87 and #98 -- two of the eight fundamental, core international labor standards.
  More results at FactBites »

 
 

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