This Note discusses the three Supreme Court cases that have delineated the battle between public accommodation laws and an organization’s freedom of expressive association: Roberts v. United States Jaycees, Board of Directors of Rotary International v. Rotary Club of Duarte, and New York State Club Association, Inc. v. City of New York. Specifically, this Note focuses on the development of the balancing test which courts use to protect these two constitutional freedoms. This Note then analyzes the Supreme Court’s decision in Boy Scouts of America v. Dale, pointing out its deviations from the Roberts Trilogy. Finally, this Note explains the consequences of the Supreme Court’s reasoning, specifically concentrating on the determination of an association’s expression; the blurring of the freedom of association and the freedom of speech; and the silencing of self-identifying speech.
Endejann, N. Nicole
"Coming Out Is a Free Pass Out: Boy Scouts of America v. Dale,"
Akron Law Review: Vol. 34:
4, Article 3.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol34/iss4/3