期刊名称：Utah OnLaw: The Utah Law Review Online Supplement
出版年度：2013
卷号：2013
期号：1
语种：English
出版社：Faculty of Education
摘要：Margaret Tarkington’s insightful article, Freedom of Attorney-Client Association, makes a useful contribution to how we think about constitutional protections for associations. While the Supreme Court has understood associations to promote expression and therefore has grounded the doctrine of associational freedom in the First Amendment’s Speech Clause, Professor Tarkington rightly recognizes that people associate in order to get things done. In particular, associating with others is a principal means of pursuing political goals: through collective appeals to the legislature in order to produce or shape statutory law; by promoting shared interests within the agencies of the executive branch; and by banding together to file lawsuits to secure legal rights. Members of associations often engage in expression, but basing a freedom of association doctrine on the Speech Clause misses the practical effects of collective endeavors. Instead, as Professor Tarkington observes, the First Amendment right “to assemble, and to petition the Government” is the more relevant constitutional basis for associational freedom.
