44 Pages Posted: 19 Aug 2005
In several decisions handed down during its 1999 Term, the United States Supreme Court focused on the freedom of expressive association. Generally speaking, expressive association is regarded by courts and commentators as just another form of individual self-expression, and voluntary associations as facilitators for such self-expression.
In this Essay, Professor Garnett suggests that a shift in focus, from individual self-expression-through-association to the expression of voluntary associations themselves. It is suggested that, in several recent decisions including Dale, Mitchell, and California Democratic Party - the Court has indicated an appreciation of the role played by mediating institutions in shaping citizens, in transmitting values and loyaltiesthat is, in educating. In this role, associations are not only vehicles for the messages of individuals, but also speakers themselves. Associations are seen as more than conduits, but as crucial parts of the scaffolding of civil society. And the messages they express are valued not only to the extent they carry the voices of individuals, but also because they compete with the messages of government in the arena of education, broadly understood.
Keywords: First Amendment, Voluntary Associations, Freedom of Speech, Expressive Association, Education
JEL Classification: K10, K19
Suggested Citation: Suggested Citation
Garnett, Richard W., The Story of Henry Adams's Soul: Education and the Expression of Associations. Minnesota Law Review, Vol. 85, p. 1841, 2000-2001. Available at SSRN: https://ssrn.com/abstract=785847