ABSTRACT
In a number of cases over the last thirty years, the Supreme Court has invoked "freedom of association" to overturn various state actions. 1 The opinions in these cases have led individuals to believe that the decision to join with others in pursuit of a common goal is a fundamental aspect of their liberty. A close examination of the opinions in the leading association cases reveals, however, that the Court actually has never been committed to the protection of freedom of association as an independent and unique right. In fact, "freedom of association" has been little more than a shorthand phrase used by the Court to protect traditional first amendment rights of speech and petition as exercised by individuals in groups. Occasionally, opinions have hinted at the possibility of a freedom distinct from traditional first amendment rights. 2 However, in the one recent case which clearly presented the opportunity for a full and careful exploration of the scope of freedom of association outside the bounds of speech and petition, the Court established its commitment to the narrower position by summarily rejecting the right. 3
