Why Associations Matter - by Luke C Sheahan (Hardcover)

About the Book

"First Amendment rights are hailed as the hallmark of the American constitutional system, protecting religious liberty, freedom of speech, freedom of the press, and freedom of association from government interference. In Christian Legal Society v. Martinez (2010), however, the Supreme Court demoted freedom of association in the panoply of First Amendment rights. This decline in protection for freedom of association has broad ramifications for the constitutional status of voluntary associations in civil society. Why Associations Matter examines how a fundamental right disappeared from the Supreme Court's reasoning and draws on the political sociology of Robert Nisbet to develop a theoretical framework for bolstering freedom of association in American constitutionalism. Luke Sheahan shows that the case law from NAACP v. Alabama (1958) through Boy Scouts v. Dale (2000) has recognized free association only as an individual right of expressive association derived from the Speech Clause alone. This pattern in Supreme Court jurisprudence culminated in Martinez, in which the Supreme Court refused to uphold the associational right of a student group at a public university to police its own membership based upon the purpose of the group. Sheahan argues that the association case law is flawed at a fundamental level and turns to Nisbet, whose sociological work exposes the problem with a focus on the state and individual to the neglect of nonpolitical associations and institutions"--

Book Synopsis

First Amendment rights are hailed as the hallmark of the US constitutional system, protecting religious liberty, freedom of speech, freedom of the press, and freedom of association. But among these rights, freedom of association holds a tenuous position, as demonstrated in the 2010 Supreme Court ruling in Christian Legal Society v. Martinez, which upheld a public university's policy requiring groups seeking official recognition to accept all students regardless of their status or beliefs. This demotion of freedom of association has broad ramifications for the constitutional status of voluntary associations in civil society, Luke C. Sheahan suggests. His book offers a cogent explanation of how this came about, why it matters, and what might be done about it.

Sheahan's argument centers upon what he calls the "First Amendment Dichotomy" in the Court's theoretical framework: an understanding of the state and the individual as the two analytically exclusive units of constitutional analysis. Why Associations Matter traces this dichotomy through Supreme Court jurisprudence culminating in Martinez, revealing a pattern of free association treated only as an individual right of expressive association derived from the Speech Clause alone. Sheahan then draws on the political sociology of Robert Nisbet to make a case for recognizing the social importance of associations and institutions that cannot be reduced to their individual members or subsumed into the state for purposes of constitutional analysis.

Translating the sociological qualities of associations into jurisprudential categories, Why Associations Matter provides practical advice for protecting freedom of association through the judiciary and the legislature--and guaranteeing this fundamental right its proper place in American society.

Review Quotes

"Blending brilliant sociological and philosophical insights with a profound rendering of how the First Amendment is supposed to protect freedom of association, this book by Luke C. Sheahan is truly magnificent. It should be on the shelf and in the mind of every scholar, journalist, judge, religious leader, policymaker, and citizen who wishes to understand, save, support, and strengthen America's most vital civil society institutions."--John J. DiIulio, Jr., professor, University of Pennsylvania, and founding director, White House Office of Faith-Based and Community Initiatives

"Why Associations Matter is a welcome and valuable contribution to the lively and important conversation about the role that associations, groups, and societies play in the infrastructure of human freedom. Luke Sheahan reminds us that diverse and distinctive associations help to constrain government overreach and create space for human persons, who are fundamentally communal beings, to flourish. As he explains, a political community that is committed to meaningful diversity will protect and appreciate the rights of associations to be distinctive and different."--Richard W. Garnett, Paul J. Schierl/Fort Howard Corporation Professor of Law, Notre Dame Law School

"Sheahan's book offers a well-reasoned and persuasive argument and perhaps its appeal to social theories as opposed to strictly moral arguments could help us cut through our thickets of disagreement."--Political Science Quarterly

"Why Associations Matter is valuable not only for its nuanced discussion of associations and masterful legal analysis, but also for the important reminder that the Supreme Court does not operate within a vacuum."--Review of Politics

"The value of Sheahan's book lies in its potential to vivify conversation around the innate value of social groups that should inform constitutionalism."--Journal of Church and State

"Sheahan offers hope for all those concerned about the future of community, providing a roadmap for moving beyond lamentation and into action. He carefully examines individual legal questions while keeping in mind the social and political whole."--Claremont Review of Books

"In light of the current debate across the whole of US society over when individuals, groups, and corporations can discriminate based on religious beliefs, this is certainly a timely work."--Choice

"[This book] could hardly be more timely and needed. In this short and easy-to-follow, yet thorough, work, Sheahan guides the reader through not only a crash course in why the right of free association is necessary for human life and liberty but also through the current state of First Amendment jurisprudence on the subject and a potential legal theory under which the right to association could be operationalized in the course."--Mises Institute

"On one level Luke Sheahan's excellent book is a practical, lawyerly brief aiming to correct a mistake in legal doctrine and public policy. At a deeper level, however, it is part of a crucial attempt to recover the way of thinking essential to ordered liberty."--University Bookman

"Sheahan's book advances an important conversation about how to appreciate the social dimension of life--including associations--in the face of an individualistic intellectual culture."--Christianity Today

"Sheahan has successfully applied political theory and sociology to provide a solid theoretical foundation on which the Court might build robust protections for the First Amendment's rights of associations."--Public Discourse