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Freedom of Association

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The U.S. Constitutional protections of the right to freely associate in private organizations and related laws are the grounds on which men's and women's fraternities defend their right to remain single-sex organizations. Still, many private colleges have banned single-sex organizations despite these legal protections.

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1. Do Bans on Fraternities Violate the First Amendment? - An article by Ben Gose in The Chronicle of Higher Education describing the fight against the ban on fraternities at private liberal arts colleges in the Northeastern United States. The right of free association the cornerstone of the fraternities' arguments.
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2. Fraternity Asks Williams College "to Dare and to Do" New Partnership With Group - Press release about a request from Delta Phi fraternity to Williams College urging restoration of fraternities on the campus in response to the recently enacted Freedom of Speech and Association on Campus law.
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3. Fraternity Claims Bowdoin's Ban Illegal - An article by Kim Schneider in the Bowdoin Orient about a letter from Delta Kappa Epsilon fraternity to Bowdoin, Colby, and Middlebury Colleges warning them that the Higher Education Amendments, part of Public Law 105-244, signed into law by President Clinton on October 7, 1998, contained a provision advising any institution of higher education that receives federal funding not to abridge students' rights to free speech and assembly.
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4. The Freedom of Speech and Association on Campus Act of 1997 - Information about HR 6, the Higher Education Amendments of 1998, signed into law by President Clinton October 7, 1998.
5. Higher Education Act of 1965 - Public Law 105-244 - The full text of the amendments to the HEA enacted by the 105th Congress of the U.S. and signed into law on October 7, 1998. Title I Section 112 concerns the protection of student speech and association rights. [PDF File]



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