Section 9 Freedom of Association

• Library: Employer-Employee Law 2008

The principle of freedom of association is not explicitly set out in the First Amendment, but “it has long been held to be implicit in the freedoms of speech, assembly, and petition.” Healy v. James, 408 U.S. 169, 181 (1972). The Missouri Constitution expressly incorporates this principle in article I, §§ 9 and 29.

These federal and state rights protect a public employee’s associational activities beyond the forms of political affiliation discussed in §§2.7 and 2.8 above. Also guaranteed is the right of a public employee to join and participate in other...