Freedom of Association

[Emsworth]

The protections of the speech clauses of the First Amendment extend to communicative acts, including conduct. However, not all conduct is protected by the First Amendment. Only "symbolic speech" is covered by the First Amendment. There is little doubt, I think, that associating with other people can be a form of symbolic speech (although this is not always the case).

I prefer to say, "Association can be a form of speech protected by the First Amendment," rather than "The Constitution protects freedom of association." The latter statement leaves itself open to all kinds of misinterpretations; it might be taken to justify Lawrence v. Texas, Griswold v. Connecticut, Lochner v. New York, and so forth.

[Emsworth]

Are you the guy who voted no, BTW?

No, I haven't voted yet (I'm doing so now, for the "yes" option).