Abstract
The Roberts decision makes it more difficult for private organizations with characteristics similar to those of the Jaycees to defend their discriminatory practices successfully when challenged in court. The organization must first assert that it is private rather than public. If the organization is found to be private, it will probably be protected by its right to intimate association or will not be subject to prosecution under public accommodation legislation. Once an organization is found to be public, it must rely on its right to expressive association to defend its discriminatory practices. An organization engaged in first amendment activities can be protected by the right of expressive association only to the extent of those activities. In addition, the organization must show that the admission of unwelcome members will change the message of its protected speech substantially.
Recommended Citation
Edgar, Gerald L.
(1986)
"Roberts v. United States Jaycees: Does the Rightof Free Association Imply an Absolute Right ofPrivate Discrimination?,"
Utah Law Review: Vol. 1986:
No.
2, Article 6.
Available at:
https://dc.law.utah.edu/ulr/vol1986/iss2/6