What is freedom of association?

Freedom of association is the right to join with others in groups, organizations, and associations of all kinds without unjustified government interference. Although the Constitution does not list freedom of association explicitly, the Supreme Court recognized it as implicit in the First Amendment's protections of speech, assembly, petition, and religion. Justice John Marshall Harlan II wrote for the Court in NAACP v. Alabama (1958), the leading association case, that effective advocacy of both public and private points of view, particularly controversial ones, is undeniably enhanced by group association. The case stopped Alabama from forcing the NAACP to disclose its membership lists, which would have exposed members to retaliation during the civil rights era.

Two distinct branches of the freedom have developed in subsequent cases. Expressive association protects groups organized for political, social, or ideological purposes, including political parties, advocacy organizations, religious congregations, civil rights groups, labor unions, and trade associations. Boy Scouts of America v. Dale (2000) upheld the Boy Scouts' right to define their own membership criteria. Roberts v. United States Jaycees (1984) and Board of Directors of Rotary International v. Rotary Club of Duarte (1987) recognized that the right is not absolute and may yield to compelling state interests in eliminating discrimination. Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston (1995) protected parade organizers' right to control the message of their event.

Intimate association protects close personal relationships such as marriage, family, and household. Roberts v. United States Jaycees described intimate association as an integral part of the individual's freedom to enter into and maintain certain intimate human relationships. Cases such as Moore v. City of East Cleveland (1977) protected extended family living arrangements, Loving v. Virginia (1967) protected interracial marriage, and Obergefell v. Hodges (2015) protected same-sex marriage, all in part on intimate association grounds.

Freedom of association supports many aspects of American civic life. Labor unions organized under the National Labor Relations Act of 1935 collectively bargain with employers. Political parties select candidates and develop platforms. Religious congregations worship together. Civic groups such as the Rotary, Lions Club, Kiwanis, and the Veterans of Foreign Wars organize community service. Advocacy groups such as the American Civil Liberties Union, the National Rifle Association, and the Sierra Club promote particular causes. Online platforms allow new forms of association across geographic distance. Naturalization candidates should know that joining or forming groups for any lawful purpose is a constitutionally protected right in the United States.