470 essay1 - To decide whether government has a greater...

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To decide whether government has a greater interest in enforcing antidiscrimination laws, in Boy Scouts v. Dale, over protecting the right of association covered by the first amendment the court applied a test developed in Jaycees. The court had to decide whether the inclusion of Dale to the Boy Scouts would change the message of the organization. Finding that Dale’s inclusion did change the message, the court also added a new part to the test. In deciding the Boy Scouts message the court decided to give deference to the club and allow them to decide their own message. Although the test form the Jaycees is clearly applicable, had the court approached the case as Redish would or Meikeljohn, it is clear that the rationale would be different. Nevertheless, even with a different approach to Dale, both Redish and Meikeljohn would have reached the same outcome as the court did. For Meikeljohn, the freedom of speech is a political tool and entitles citizens to rule themselves. As Meikeljohn states, “citizens of this nation shall make and shall obey their own laws.” (Meikeljohn, 15) Keeping this framework in mind when addressing Dale the right of association would have substantial weight over any government incursion. For Meikeljohn association is a vital part of democracy as it acts as an enabler for citizens to get involved in politics. These groups would act with and against other in
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This note was uploaded on 03/27/2008 for the course POLI SCI 470 taught by Professor Schweber during the Spring '07 term at University of Wisconsin.

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470 essay1 - To decide whether government has a greater...

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