TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 4 P56

Gale Encyclopedia of American Law Volume 4 P56 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | FREEDOM OF ASSOCIATION AND ASSEMBLY 539 nonviolent action against white merchants to pressure them to comply with civil rights laws. The Court found that though clearly an economic activity it was primarily designed to advance the NAACP s political beliefs in civil rights. This added purpose gave the boycott an expressive character sufficient to warrant First Amendment protection. On the other hand an economic boycott that is not intended to express political ideas or beliefs is not protected under the First Amendment. In FTC v. Superior Court Trial Lawyers Ass n 493 . 411 110 S. Ct. 768 107 L. Ed. 2d 851 1990 the Court found that a boycott organized by trial lawyers in an effort to secure increased compensation for their representation of indigent clients was a fundamentally economic activity that did not rise to the level of expressive conduct contemplated by the First Amendment. During the 1940s and 1950s a number of cases tested the constitutionality of the Alien Registration Act also known as the smith act 18 . 2385 which makes it a crime to conspire to overthrow the government or promote doctrines that advocate sedition. The act was sometimes used to prosecute individuals merely for their membership in organizations suspected of promoting insurrection. The general principle that evolved from these cases is that an individual cannot be punished for membership in an organization that is committed to illegal conduct unless he or she is an active member with knowledge of the organization s illegal objectives and specific intent to further those objectives. See Noto v. United States 367 . 290 81 S. Ct. 1517 6 L. Ed. 2d 836 1961 Scales v. United States 367 . 203 81 S. Ct. 1469 6 L. Ed. 2d 782 1961 . This principle has also been applied to invalidate blanket prohibitions on government employment or membership in organizations such as a state bar because of an individual s past associations. The government may inquire into past associations but must .

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