Why did the Jaycees lose their expressive association claim in Roberts while the Boy Scouts won their expressive association in Dale?
What is the test concerning whether a law restricts the right to expressive association?
The issue is whether "forced inclusion" under public accommodation laws of the unwanted member would "affect in a significant way the ability of the group to express those views, and only those views [right not to speak], that it intends to express." (casebook p. 1531)
The answer was no in Roberts and yes in Dale. Do you understand why?
Notice in Roberts that the Court suggests that the case might have come out the other way if the organization had established that compliance with the law would “change the content or impact of the organization’s speech.”
The Jaycees speech is basically "Hooray for business." Is there any reason to think that membership by women will affect the Jaycees ability to speak that message?
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