You are on page 1of 10

National Association for the Advancement of Colored People v. State of Alabama, ex rel.

Brief Fact Summary. The National Association for the Advancement of Colored People (NAACP/Petitioner) was ordered to produce a
membership list by the state court.
Synopsis of Rule of Law. Freedom of association to promote beliefs is insured by the Fourteenth Amendment and is protected by
adherence to strict scrutiny of any regulatory interference.
Facts. Petitioner was ordered by a court to provide a full membership list, including names and addresses. Although Petitioner agreed
to provide a list of its officers and paid staff members, it asserts that this list is protected and that it may assert the personal privacy
interests of each of its members. Additionally, Petitioner claims that disclosure will serve as a restriction on lawful association of
members that can only be justified by a compelling state interest.
Issue. Can the state compel disclosure of the membership list of the NAACP?
Held. No. Disclosure of the list will subject members to adverse consequences including economic, physical and other forms of public
hostility. In essence, this will limit Petitioners members ability to advocate their beliefs, and it will dissuade others from joining the
organization for fear of retribution.
Discussion. An association may assert the rights of its membership when the rights of the individual members are tightly interrelated
to the interest of the association.
Griswold v. Connecticut
Brief Fact Summary. Appellants were charged with violating a statute preventing the distribution of advice to married couples
regarding the prevention of conception. Appellants claimed that the statute violated the 14th Amendment to the United States
Synopsis of Rule of Law. The right of a married couple to privacy is protected by the Constitution.

Facts. Appellant Griswold, Executive Director of the Planned Parenthood League of Connecticut and Appellant Buxton, a licensed
physician who served as Medical Director for the League at its Center in New Haven, were arrested and charged with giving
information, instruction, and medical advice to married persons on means of preventing conception. Appellants were found guilty as
accessories and fined $100 each. Appellants appealed on the theory that the accessory statute as applied violated the 14th Amendment
to the United
States Constitution. Appellants claimed standing based on their professional relationship with the married people they advised.
Issue. Does the Constitution provide for a privacy right for married couples?
Held. The First Amendment has a penumbra where privacy is protected from governmental intrusion, which although not expressly
included in the Amendment, is necessary to make the express guarantees meaningful. The association of marriage is a privacy right
older than the Bill of Rights, and the States effort to control marital activities in this case is unnecessarily broad and therefore
impinges on protected Constitutional freedoms.
Dissent. Justice Stewart and Justice Black. Although the law is silly, it is not unconstitutional. The citizens of Connecticut should use
their rights under the 9th and 10th Amendment to convince their elected representatives to repeal it if the law does not conform to
their community standards.
Concurrence. Justice Goldberg, the Chief Justice, and Justice Brennan. The right to privacy in marriage is so basic and fundamental
that to allow it to be infringed because it is not specifically addressed in the first eight amendments is to give the 9th Amendment no
Justice Harlan. The relevant statute violates the Due Process Clause of the 14th Amendment because if violates the basic values
implicit in the concept of ordered liberty.

Discussion. The right to privacy in marriage is not specifically protected in either the Bill of Rights or the Constitution. Nonetheless, it

is a right so firmly rooted in tradition that its protection is mandated by various Constitutional Amendments, including the 1st, 9th and
14th Amendments.
Social Security System (SSS) Employees Association vs. Court of Appeals
G.R. No. 85279, July 28, 1989

The petitioners went on strike after the SSS failed to act upon the unionsdemands concerning the implementation of their CBA.
SSS filed before the courtaction for damages with prayer for writ of preliminary injunction against petitioners for staging an illegal
strike. The court issued a temporary restrainingorder pending the resolution of the application for preliminary injunction while petitioners
filed a motion to dismiss alleging the courts lack of jurisdiction over the subject matter. Petitioners contend that the court made
reversible error in taking cognizance on the subject matter since the jurisdiction lies on the DOLE or the National Labor Relations
Commission as the case involves a labor dispute. The Social Security System contends on one hand that the petitioners are covered by
the Civil Servicelaws, rules and regulation thus have no right to strike. They are not covered by the NLRC or DOLE therefore the court
may enjoin the petitioners from striking.

Whether or not Social Security System employers have the right to strike.

The Constitutional provisions enshrined on Human Rights and Social Justice provides guarantee among workers with the right
to organize and conduct peacefulconcerted activities such as strikes. On one hand, Section 14 of E.O No. 180 provides that the Civil
Service law and rules governing concerted activities and strikes in the government service shall be observed, subject to any legislation

that may be enacted by Congress referring to Memorandum Circular No. 6, s. 1987 of the Civil Service Commission which states that
prior to the enactment by Congress of applicable laws concerning strike by government employees enjoinsunder pain of administrative
sanctions, all government officers and employees from staging strikes, demonstrations, mass leaves, walk-outs and other forms of mass
action which will result in temporary stoppage or disruption of public service. Therefore in the absence of any legislation allowing
government employees to strike they are prohibited from doing so.

In Re: Edillon 84 SCRA 554 (1978)

Facts: This is an administrative case against Edillon who refuses to pay his IBP membership dues assailing the provisions of the Rule
of Court 139-A and the provisions of par. 2, Section 24, Article III, of the IBP By-Laws pertaining to the organization of IBP, payment
of membership fee and suspension for failure to pay the same. He contends that the stated provisions constitute an invasion of his
constitutional rights of being compelled to be a member of the IBP in order to practice his profession and thus deprives his rights to
liberty and property and thereby null and void.
Issue: Whether or not it assailed provisions constitutes a deprivation of liberty and property of the respondent.

Held: The court held that the IBP is a State-organized Bar as distinguished from bar associations that are organized by individual lawyers
themselves, membership of which is voluntary. The IBP however is an official national body of which all lawyers must be a member
and are subjected to the rules prescribed for the governance of the Bar which includes payment of reasonable annual fee for the purpose
of carrying out its objectives and implementation of regulations in the practice of law. The provisions assailed does not infringe the
constitutional rights of the respondent as it is a valid exercise of police power necessary to perpetuate its existence with regulatory
measures to implement. The name of Edillon was stricken out from the rolls of attorney for being a delinquent member of the bar.

Bank of the Philippine Islands v. BPI Employees Union Davao Chapter Federation of Unions in BPI Unibank, G.R.
No. 164301, August 10, 2010.
Bangko Sentral ng Pilipinas approved the Articles of Merger executed by and between BPI, herein petitioner, and Far East Bank and
Trust Company (FEBTC) and was approved by the Securities and Exchange Commission. The Articles of Merger and Plan of Merger
did not contain any specific stipulation with respect to the employment contracts of existing personnel of the non-surviving entity which
is FEBTC. Pursuant to the said Article and Plan of Merger, all the assets and liabilities of FEBTC were transferred to and absorbed by
BPI as the surviving corporation. FEBTC employees, including those in its different branches across the country, were hired by petitioner
as its own employees, with their status and tenure recognized and salaries and benefits maintained.
Whether or not employees are ipso jure absorbed in a merger of the two corporations.
NO. [H]uman beings are never embraced in the term assets and liabilities.Moreover, BPIs absorption of former FEBTC employees
was neither by operation of law nor by legal consequence of contract. There was no government regulation or law that compelled the
merger of the two banks or the absorption of the employees of the dissolved corporation by the surviving corporation. Had there been
such law or regulation, the absorption of employees of the non-surviving entities of the merger would have been mandatory on the
surviving corporation. In the present case, the merger was voluntarily entered into by both banks presumably for some mutually

acceptable consideration. In fact, the Corporation Code does not also mandate the absorption of the employees of the nonsurviving corporation by the surviving corporation in the case of a merger.
[The] Court cannot uphold the reasoning that the general stipulation regarding transfer of FEBTC assets and liabilities to BPI as set forth
in the Articles of Merger necessarily includes the transfer of all FEBTC employees into the employ of BPI and neither BPI nor the
FEBTC employees allegedly could do anything about it. Even if it is so, it does not follow that the absorbed employees should not
be subject to the terms and conditions of employment obtaining in the surviving corporation.
Furthermore, [the] Court believes that it is contrary to public policy to declare the former FEBTC employees as forming part of the
assets or liabilities of FEBTC that were transferred and absorbed by BPI in the Articles of Merger. Assets and liabilities, in this instance,
should be deemed to refer only to property rights and obligations of FEBTC and do not include the employment contracts of its
personnel. A corporation cannot unilaterally transfer its employees to another employer like chattel. Certainly, if BPI as an employer
had the right to choose who to retain among FEBTCs employees, FEBTC employees had the concomitant right to choose not to be
absorbed by BPI. Even though FEBTC employees had no choice or control over the merger of their employer with BPI, they had a
choice whether or not they would allow themselves to be absorbed by BPI. Certainly nothing prevented the FEBTCs employees from
resigning or retiring and seeking employment elsewhere instead of going along with the proposed absorption.
Employment is a personal consensual contract and absorption by BPI of a former FEBTC employee without the consent of the employee
is in violation of an individuals freedom to contract. It would have been a different matter if there was an express provision in the
articles of merger that as a condition for the merger, BPI was being required to assume all the employment contracts of all existing
FEBTC employees with the conformity of the employees. In the absence of such a provision in the articles of merger, then BPI clearly
had the business management decision as to whether or not employ FEBTCs employees. FEBTC employees likewise retained the
prerogative to allow themselves to be absorbed or not; otherwise, that would be tantamount to involuntary servitude.


Petitioner South Boston Allied War Veterans Council, an unincorporated association of individuals elected from various veterans
groups, was authorized by the city of Boston to organize and conduct the St. Patrick's Day Evacuation Day Parade. The Council
refused a place in the 1993 event to respondent GLIB, an organization formed for the purpose of marching in the parade in order to
express its members' pride in their Irish heritage as openly gay, lesbian, and bisexual individuals, to show that there are such
individuals in the community, and to support the like men and women who sought to march in the New York St. Patrick's Day parade.
GLIB and some of its members filed this suit in state court, alleging that the denial of their application to march violated, inter alia, a
state law prohibiting discrimination on account of sexual orientation in places of public accommodation. In finding such a violation
and ordering the Council to include GLIB in the parade, the trial court, among other things, concluded that the parade had no common
theme other than the involvement of the participants, and that, given the Council's lack of selectivity in choosing parade participants
and its failure to circumscribe the marchers' messages, the parade lacked any expressive purpose, such that GLIB's inclusion therein
would not violate the Council's First Amendment rights. The Supreme Judicial Court of Massachusetts affirmed.
Held: The state courts' application of the Massachusetts public accommodations law to require private citizens who organize a parade
to include among the marchers a group imparting a message that the organizers do not wish to convey violates the First Amendment.
Pp. 8-24.
(a) Confronted with the state courts' conclusion that the factual characteristics of petitioners' activity place it within the realm of non
expressive conduct, this Court has a constitutional duty to conduct an independent examination of the record as a whole, without
deference to those courts, to assure that their judgment does not constitute a forbidden intrusion on the field of free expression. See,
e.g., New York Times Co. v. Sullivan, 376 U.S. 254, 285. Pp. 8-10.

(b) The selection of contingents to make a parade is entitled to First Amendment protection. Parades such as petitioners' are a form of
protected expression because they include marchers who are making some sort of collective point, not just to each other but to
bystanders along the way. Cf., e.g., Gregory v. Chicago, 394 U.S. 111, 112. Moreover, such protection is not limited to a parade's
banners and songs, but extends to symbolic acts. See, e.g., West Virginia Bd. of Ed. v. Barnette, 319 U.S. 624, 632, 642. Although the
Council has been rather lenient in admitting participants to its parade, a private speaker does not forfeit constitutional protection
simply by combining multifarious voices, by failing to edit their themes to isolate a specific message as the exclusive subject matter of
the speech, or by failing to generate, as an original matter, each item featured in the communication. Thus, petitioners are entitled to
protection under the First Amendment. GLIB's participation as a unit in the parade was equally expressive, since the organization was
formed to celebrate its members' sexual identities and for related purposes. Pp. 10-13.
(c) The Massachusetts law does not, as a general matter, violate the First or Fourteenth Amendments. Its provisions are well within a
legislature's power to enact when it has reason to believe that a given group is being discriminated against. And the statute does not,
on its face, target speech or discriminate on the basis of its content. Pp. 13-14.
(d) The state court's application, however, had the effect of declaring the sponsors' speech itself to be the public accommodation. Since
every participating parade unit affects the message conveyed by the private organizers, the state courts' peculiar application of the
Massachusetts law essentially forced the Council to alter the parade's expressive content and thereby violated the fundamental First
Amendment rule that a speaker has the autonomy to choose the content of his own message and, conversely, to decide what not to say.
Petitioners' claim to the benefit of this principle is sound, since the Council selects the expressive units of the parade from potential
participants and clearly decided to exclude a message it did not like from the communication it chose to make, and that is enough to
invoke its right as a private speaker to shape its expression by speaking on one subject while remaining silent on another, free from
state interference. The constitutional violation is not saved by Turner Broadcasting System, Inc. v. FCC, 512 U. S. ___. The Council is
a speaker in its own right; a parade does not consist of individual, unrelated segments that happen to be transmitted together for

individual selection by members of the audience; and there is no assertion here that some speakers will be destroyed in the absence of
the Massachusetts law. Nor has any other legitimate interest been identified in support of applying that law in the way done by the
state courts to expressive activity like the parade. PruneYard Shopping Center v. Robins, 447 U.S. 74, 87, and New York State Club
Assn., Inc. v. City of New York, 487 U.S. 1, 13, distinguished. Pp. 14-23.

Boy Scouts of America v. Dale

Facts of the case
The Boy Scouts of America revoked former Eagle Scout and assistant scoutmaster James Dale's adult membership when the
organization discovered that Dale was a homosexual and a gay rights activist. In 1992, Dale filed suit against the Boy Scouts, alleging
that the Boy Scouts had violated the New Jersey statute prohibiting discrimination on the basis of sexual orientation in places of public
accommodation. The Boy Scouts, a private, not-for-profit organization, asserted that homosexual conduct was inconsistent with the
values it was attempting to instill in young people. The New Jersey Superior Court held that New Jersey's public accommodations law
was inapplicable because the Boy Scouts was not a place of public accommodation. The court also concluded that the Boy Scouts'
First Amendment freedom of expressive association prevented the government from forcing the Boy Scouts to accept Dale as an adult
leader. The court's Appellate Division held that New Jersey's public accommodations law applied to the Boy Scouts because of its
broad-based membership solicitation and its connections with various public entities, and that the Boy Scouts violated it by revoking
Dale's membership based on his homosexuality. The court rejected the Boy Scouts' federal constitutional claims. The New Jersey
Supreme Court affirmed. The court held that application of New Jersey's public accommodations law did not violate the Boy Scouts'
First Amendment right of expressive association because Dale's inclusion would not significantly affect members' abilities to carry out
their purpose. Furthermore, the court concluded that reinstating Dale did not compel the Boy Scouts to express any message.

Does the application of New Jersey's public accommodations law violate the Boy Scouts' First Amendment right of expressive
association to bar homosexuals from serving as troop leaders?

Yes. In a 5-4 opinion delivered by Chief Justice William H. Rehnquist, the Court held that "applying New Jersey's public
accommodations law to require the Boy Scouts to admit Dale violates the Boy Scouts' First Amendment right of expressive
association." In effect, the ruling gives the Boy Scouts of America a constitutional right to bar homosexuals from serving as troop
leaders. Chief Justice Rehnquist wrote for the Court that, "[t]he Boy Scouts asserts that homosexual conduct is inconsistent with the
values it seeks to instill," and that a gay troop leader's presence "would, at the very least, force the organization to send a message,
both to the young members and the world, that the Boy Scouts accepts homosexual conduct as a legitimate form of behavior."