ShmoopTube

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

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

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hard fought battle for a supreme court merit badge In

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which case did the supreme court hold that the right

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of association included a right to exclude people from membership

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and hear the potential answers i want All right well

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the right of association falls under that constitutional all star

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right of assembly One of the five freedoms listed in

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the first amendment right to exclude basically means that under

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

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turn people away from our hangout sesh free Speaking of

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

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

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associate All right Did the supreme court ruled that the

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right of association includes a right of exclusion in texas

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

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this constitutional talk especially because texas v johnson de criminalized

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the burning of american flags as a protection of free

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speech So we can was the right of exclusion protected

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by the supreme court in be tinker v des moines

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Well we know high school dress codes can be such

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a drag but imagine taking our protests all the way

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

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in tinker v des moines where three students decried suspension

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wearing black armbands to protest the vietnam war And guess

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what The students one since the court Ruled that the

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suspension was an unconstitutional suppression of the students right to

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free speech With that we can really be did The

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supreme court deal with the right of association in c

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brandenburg v ohio knew that case had to do with

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

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was pretty terrible since he was the leader of a

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ku klux klan group in rural ohio At a meeting

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brandenburg said that he wanted to do some pretty unspeakable

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

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arrested for his inflammatory language The supreme court however reversed

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the decision claiming that brandenburg could say whatever awful thing

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

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people that commit violent acts in the name of those

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awful things No option c can go as well What

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about e roth The u s well roth the u

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s was super obscene literally The supreme court ruled in

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the nineteen fifty seven case that obscenity meaning offensive or

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sexually explicit materials was not protected under freedom of speech

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

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

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of luck which means the supreme court held the right

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of association to include a right of exclusion in boy

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scouts v dale In this two thousand case the boy

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scouts of america were sued for excluding gay members Not

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so super troopers right But the supreme court said the

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boy scouts right to exclude whomever they wanted was protected

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

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So d is the right answer Free association essentially means

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

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

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

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