Author Question: What is the basis for the right to the freedom of association? What will be an ideal ... (Read 12 times)

dmcintosh · **on:** Aug 3, 2018

What is the basis for the right to the freedom of association?

What will be an ideal response?

Question 2

What is the difference between the vagueness and overbreadth doctrines?

What will be an ideal response?

kbennett34 · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

The First Amendment's textual reference to the right of the people to peaceably assemble, and to petition the Government for a redress of grievances offers a constitutional foundation for a right that is not explicitly mentioned in the Bill of Rightsthe freedom of association. Essentially, this freedom includes the right of individuals to gather together and express themselves collectively.

Answer to Question 2

The vagueness doctrine is a constitutional theory of due process that maintains that the government cannot impose legal standards that the average person cannot or is not likely to understand. The overbreadth doctrine is a constitutional theory of due process that generally provides that the government cannot regulate or prohibit more speech than is necessary to address the identified harm.