Term Paper on "Freedom of Association Facts the Right"

Term Paper 7 pages (1997 words) Sources: 10 Style: APA

[EXCERPT] . . . .

Freedom of Association

Facts

The Right to III. Argument

Freedom of Association

FACTS

"The Right to... Freedom is a possession of inestimable value."

(Cicero, 1996)

No way could anyone ever put a price on it...," posits one way the initial quote by Marcus Tullius Cicera might be paraphrased today. Cicera, a Roman orator, statesman, philosopher, who lived from 106-43 B.C., recognized that the value of freedom extends beyond estimating. Often in today's society, albeit, freedoms that thrive best when cherished, are undervalued and abused.

The right to free association is abused every day by the Ku Klux Klan and the American Nazi Party," Blankley (2001, p. 17) notes. Without that freedom, however, associations such as the Red Cross or unions would not exist. Every day in the U.S., freedom of religion is abused every by brainwashing cults. Nevertheless, without that freedom, Christians, Jews, Buddhists, and Muslims and would not be able worship the way they believe. For citizens in the U.S. To protect their political freedoms of speech and association, they must grant it as well to some who may not have the purest motives. (Blankley, 2001, p. 17) Nat Hentoff, author and syndicated columnist, noted the Supreme Court's decision in Hill v. Colorado to be "one most inimical to First Amendment principles and traditions." The court determined to uphold the constitutionality of a Colorado law which prohibits anti-abortion protesters from being present within eight feet of a person who is within 100 feet of a medical facility. Hentoff disagrees with this ruling and argues, "The First Amendment applies to everybody -- even those handing out pro-life pamphlets and picketing abortion clinics." (McMasters, 2000)

Motives did not constitute the core of the case of "an all-male fraternity whose application had been denied on the grounds that its establishment would violate the institution's gender-discrimination policy," ("Cuny Campus...," 2006) during the 2005-2006 academic year. The crux of this case included a group of young men at the College of Staten Island University who wished to found a chapter of Alpha Epsilon Pi fraternity, a nationally recognized men's social fraternity.

When interested male students petitioned the director of student life for official recognition as an organization, the student life director of the College of Staten Island University, which has no college social fraternities or sororities, promptly denied the request. According to the College of Staten Island student group policy, organizations cannot discriminate membership based on gender, i.e. all recognized groups must be co-educational. Alpha Epsilon Pi's constitution violates the College of Staten Island's policy, the student life director determined, as it appears to exclude women.

Failure to receive recognition from the student life office means the interested young men of Alpha Epsilon Pi's fraternity will not be allowed to:

Reserve rooms needed to host Alpha Epsilon Pi's meetings and/or programs;

Receive funding from the board for conference;

Promote pertinent positive events on campus.

In response to the student life director's denial for their request to establish their fraternity, the young men of Alpha Epsilon Pi's fraternity filed suit against the College of Staten Island. They believe the University denied them their freedom of association rights under the First Amendment.

ISSUE

The issue, which relates to what McMasters (2002) states to be "our most important freedom," questions: Is the University denying the men of Alpha Epsilon Pi their freedom of association rights under the First Amendment?

The First Amendment states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." (FindLaw, 2006) At the time the First Amendment was conceived, it was known as: "Article the Third." When Virginia joined eight other states to ratify the Bill of Rights 215 years ago, two of the initial 12 amendments had already been abandoned. On Dec. 15, 179, the First Amendment claimed its place in history. (McMasters, 2000) The verdict of the case to be argued on behalf of plaintiff, Alpha Epsilon Pi, that this organization's First Amendment rights have been violated, similarly claims a noteworthy space in today's time in history.

ARGUMENT

Alpha Epsilon Pi fraternity, the plaintiff in this lawsuit, sought to begin a chapter of the "international fraternity Alpha Epsilon Pi at the college, which is part of the City University of New York." During March 2004, the interested male students applied to procure a charter, along with official recognition. The college's director of student life, albeit, promptly denied the application. Court documents confirm the student-life director stated that college policy required membership in a chartered club be open to all students, regardless of sex. As this fraternity's constitution appeared to exclude women, she (the student-life director) perceived that Alpha Epsilon Pi fraternity violated the College of Staten Island University's nondiscrimination policy. ("Cuny Campus...," 2006) Alpha Epsilon Pi fraternity's First Amendment rights have been violated as this organization is protected under the first amendment as an intimate organization. During 2000, in its rulings related to Boy Scouts of America v. James Dale, the court identified "two distinct types of associations worthy of First amendment protection: intimate association and expressive association." (Mauro, 2000). The Court deemed "intimate associations," to be "family relationships and small, private groups of people with deep attachments that are maintained as a fundamental aspect of personal liberty." Adam notes: "The right to free association extends beyond intimate relationships. Groups peaceably joined to engage in First Amendment activities also enjoy protection from government interference." Interactions which qualify as "expressive association," must be identified by common economic, political, or as in case of Alpha Epsilon Pi fraternity, cultural activism. Additionally, for some expressive groups as the plaintiff, the membership constitutes the message. In Boy Scouts of America v. James Dale, the Court agreed with the scouting organization "that inclusion of an openly gay scoutmaster -- otherwise required under New Jersey's public-accommodation law -- would unconstitutionally undermine the organization's promotion of 'morally straight and clean values' in youth." Some schools and institutions disagreed with the Court's ruling and banished Scout activities; however, Hentoff commended the Court's ruling in Boy Scouts of America v. James Dale where the court ruled that "New Jersey violated the organization's expressive association rights by requiring it to accept homosexuals as troop leaders." (McMasters, 2000) Similarly, in 1995 in Hurley v. Irish-American Gay, Lesbian & Bisexual Group, the Court held that "a state public accommodation law could not require the South Boston Allied War Veterans' Council to include gay marchers in its St. Patrick's Day parade." Application of this law, the Court contended, would impede this group's social and religious agenda, as well as, violate its First Amendment rights as parade sponsor. (Adams, 2006) In cases such as Hurley v. Irish-American Gay, Lesbian & Bisexual Group, and Boy Scouts of America v. Dale, as well as, Alpha Epsilon Pi v. The College of Staten Island University, the Court's duty is to examine the practices, tradition, and selection criteria of the group "to determine if these cohere into shared speech." (Adams, 2006) Chief Justice words regarding Boy Scouts of America v. James Dale aptly apply to the Alpha Epsilon Pi fraternity case:

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." (Kavey, 2003) SUMMARY AND CONCLUSION In summary, during August 2006, the Court ruled: The College of Staten Island must grant official recognition to the all-male fraternity, Alpha Epsilon Pi. Judge Dora L. Irizarry, of the U.S. District Court in New York, additionally "ordered the college to drop its prohibition against rushing and pledging activities by the group." ("Cuny Campus...," 2006) The fact that those who treasure freedom, as Alpha Epsilon Pi, are protected by the First Amendment, as well as, those who potentially abuse the concept of freedom was again illustrated recently when: "A state appeals court... struck down Sauk County's open air assembly ordinance because it violates free speech by allowing the county an unreasonably long time to process permit applications."("COURT THROWS..., 2003) The 4th District Court of Appeals' ruling determined the ordinance violated "the First Amendment rights of the organizers of Weedstock, a pro-marijuana festival that was held in Sauk County in 1995, 1998 and 1999." (Ibid.) During 2000, police officers disbanded the event after Ben Masel of Madison, Weedstock's organizer failed to obtain a permit for the event under the ordinance adapted in 1999. The Courts ruling in Alpha Epsilon Pi v. The College of Staten Island University that their First Amendment rights were violated confirms: "that existing federal laws protect the single-sex nature of social fraternities and sororities and prevent intrusion upon them by the government." ("Cuny Campus...," 2006) This case also helps secure a better grasp on freedoms protected by the First Amendment. A different kind of grasp in the Education… READ MORE

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