Freedom of Association and Freedom of Expression
Thomas I. Emerson · The Yale Law Journal · 1964
Freedom of association has always been a vital feature of American society.In modem times it has assumed even greater importance. More and morethe individual, in order to realize his own capacities or to stand up to the institutionalizedforces that surround him, has found it imperative to join withothers of like mind in pursuit of common objectives. His freedom to do sois essential to the democratic way of life. At the same time the exercise ofthis freedom has given rise to novel and troublesome problems. Organizationshave grown in size and power, and organizational techniques have achieveda new order of effectiveness. These associations have been strenuously resistedat times by other private groups, or sought to be regulated or curbed bygovernment authority. At another level the rights of individual members andminority groups within these centers of private power have come to be amatter of growing concern. And likewise the position of the individual whodoes not belong, and who does not wish to be forced into association, hasraised the problems of defining an area of personal freedom into which neithergovernment nor private organizational power may intrude.