rotation list of available towing service contractors. The
Supreme Court held that: (1) protections generally
afforded to public employees against being discharged for
refusing to support political party or its candidates also
extend to independent contractors, and (2) towing
service stated First Amendment claim against city.
Squeo v. Borough of Carlstadt, 296 N.J. Super. 505
(App. Div. 1997). Former municipal court employee
sued municipality and municipal council, alleging First
Amendment political affiliation discrimination arising
out of the decision not to reappoint her. The Appellate
Division held that: (1) political party affiliation was not
an appropriate requirement for the position; and (2) a
genuine issue of material fact precluded summary
judgment on whether plaintiff was not reappointed
because of her political affiliation.
III. RIGHT OF EXPRESSIVE ASSOCIATION
Boy Scouts of America v. Dale, 530 U.S. 640, 120 S.Ct.
2446, 147 L.Ed.2d 554 (2000). The forced inclusion of
an unwanted person in a group infringes the group’s
freedom of expressive association if the presence of that
person affects in a significant way the group’s ability to
advocate public or private viewpoints. But the freedom
of expressive association, like many freedoms is not
absolute: it can be overridden by regulations adopted to
serve compelling state interests, unrelated to the
suppression of ideas, that cannot be achieved through
means significantly less restrictive of associational
freedoms. The Boy Scouts of America engaged in
“expressive association,” protected by the First
Amendment, when scoutmasters and assistant scoutmas-
ters inculcated youth members with Boy Scouts’ values.
Moreover, the Boy Scouts’ assertion that homosexual
conduct was inconsistent with values embodied in Scout
Oath and Law was entitled to deference. Thus, applying
New Jersey’s public accommodations law to require Boy
Scouts to admit an avowed homosexual and gay rights
activist as assistant scoutmaster violated Boy Scouts’ First
Amendment right of expressive association.
Hurley v. Irish-American Gay, Lesbian and Bisexual
Group of Boston, 515 U.S. 557 (1995). Gay, lesbian, and
bisexual descendants of Irish immigrants who were
joined together as group to march in St. Patrick’s Day
parade sued parade’s private organizers, alleging that
organizers’ exclusion of group from parade violated
Massachusetts’ public accommodation law, which
prohibits discrimination on account of sexual orientation
in places of public accommodation. After state trial court
rendered judgment for plaintiffs, defendants appealed.
The Massachusetts Supreme Judicial Court affirmed, but
the United States Supreme Court reversed, holding that
the state courts’ application of public accommodation
law to essentially require defendants to alter expressive
content of their parade violated First Amendment.City of Dallas v. Stanglin, 490 U.S. 19 (1989). City
ordinance limiting use of dance halls to persons between
ages of 14 and 18 did not infringe on First Amendment
right of association and was rationally related to
legitimate purpose.Board of Directors of Rotary International v. Rotary
Club of Duarte, 481 U.S. 537 (1987). Local rotary club
and two of its women members filed a complaint, alleging
that actions of Rotary International revoking the charter
of the club and terminating its members in the
International for admitting women violated California’s
Unruh Civil Rights Act. The Supreme Court held that:
(1) Unruh Act does not violate the First Amendment by
requiring California Rotary Clubs to admit women; and
(2) application of act to local Rotary Clubs does not
interfere unduly with club members’ freedom of private
association, nor does it violate the First Amendment right
of expressive association.California Democratic Party v. Jones, 530 U.S. 567,
120 S.Ct. 2402, 147 L.Ed. 2d 502 (2000). Action was
brought challenging constitutionality of California
proposition which converted State’s primary election
from closed to blanket primary in which voters could vote
for any candidate regardless of voter’s or candidate’s party
affiliation. Held: The blanket primary violated political
parties’ First Amendment right of association.IV. THE ESTABLISHMENT CLAUSE
Pursuant to the First Amendment, Congress shall
make no law respecting an establishment of religion.Mitchell v. Helms, 530 U.S. 793, 120 S.Ct. 2530,
147 L.Ed. 2d 660 (2000). Action was brought
challenging constitutionality of state and federal school
aid programs as applied to parochial schools in Jefferson
Parish, Louisiana. Held: Chapter 2 of Title I of the
Elementary and Secondary Education Act of 1965,
under which federal government distributes funds to
state and local governmental agencies, which in turn lend
educational materials and equipment to public and
private schools, does not violate the Establishment
Clause.