3 ms·
For free association to be meaningful the association has to be able to restrict freedom of expression, or kick out those who refuse the restrictions. Otherwis
by MichaelZuo 2y ago
For free association to be meaningful the association has to be able to restrict freedom of expression, or kick out those who refuse the restrictions.
Otherwise someone could just shout down any meeting the association decides to have.
So the pertinent question would be, are HOAs legitimate associations in that sense?
- otterley 2y agoHOAs are a creature of state law and only have power to the extent state law confers it. They are not voluntary associations of the sort contemplated by the First Amendment. You can't choose to join an HOA unless you own land that belongs to it, and you can't choose not to be a member when you acquire a property.
- MichaelZuo 2y agoHas a court ever ruled on that distinction? HOAs seem to have withstood legal scrutiny…
- otterley 2y agoNot yet, but I look forward to the day a sensible court does.