Freedom of Association

This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.

Writing Template

Issue

I: The issue is whether the state action violates the freedom of association.

Analysis

R: Government action may not violate (1) the right to freedom of association, unless (2) the government is justified by a compelling state interest (strict scrutiny).

1. Is the type of association protected?

R: The freedom of association is a fundamental right protected under the First Amendment and includes to both expressive association and intimate association. (1) Expressive association protects the right to associate with others for the purpose of engaging in activities protected by the First Amendment, such as speech, assembly, or petition. (2) Intimate association protects the right to maintain personal relationships and choose one’s associations, such as family relationships or close friendships.

A: Here, the type of association the government action seeks to regulate is [expressive/intimate] because [support with facts].

C: Therefore, the government action [is/is not] regulating protected associations.

2. Does the government have a compelling reason?

R: The government may only regulate protected associations if it can satisfy strict scrutiny. Under this standard, the action is unconstitutional unless it is narrowly tailored to achieve a compelling government interest. A compelling interest is one that (1) is necessary to protect critical public policies or goals, such as national security, public health, or fundamental rights, and (2) cannot be achieved by less restrictive or discriminatory means. (Because strict scrutiny is intentionally stringent, few sect-preferential actions survive this standard.)

A: Here, [apply rules to facts].

C: Therefore, the government action [does/does not satisfy] strict scrutiny.

Conclusion

C: Therefore, the government action [violated/did not violate] the freedom of association.

Usage Notes

JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.

The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.

The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.

The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.

Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.

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