Sailing forward... unfettered...

I do solemnly swear that as an attorney and as a Counselor of this Court, I will conduct myself uprightly and according to law, and that I will support the Constitution of the United States.

"The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of the civilization of any country. A calm dispassionate recognition of the rights of the accused, and even of the convicted criminal against the state; a constant heart-searching by all charged with the duty of punishment; a desire and an eagerness to rehabilitate . . .; tireless efforts toward the discovery of creative and regenerative processes; unfailing faith that there is a treasure, if you can only find it, in the heart of every man. These are the symbols which . . . mark and measure the stored-up strength of a nation . . . proof of the living virtue in it"--[Winston S. Churchill, in a speech delivered in the House of Commons in 1910 while he was Home Secretary.]
 
"You have enemies? Good. That means you've stood up for something, sometime in your life." [Winston S. Churchill]
 

First Amendment rights, continued

Justice Brennan (Roberts v. Jaycees, 468 U.S. 609):

Our decisions have referred to constitutionally protected "freedom of association" in two distinct senses. In one line of decisions, the Court has concluded that choices to enter into and maintain certain intimate human relationships must be secured against undue intrusion by the State because of the role of such relationships in safeguarding the individual freedom that is central to our constitutional scheme. In this respect, freedom of association receives protection as a fundamental element of personal liberty (italics mine). In another set of decisions, the Court has recognized the right to associate for the purpose of engaging in those activities protected by the First Amendment-- speech, assembly, petition for the redress of grievances, and the exercise of religion. The Constitution guarantees freedom of association of this kind as an indispensable means of preserving other individual liberties (italics mine).

The intrinsic and instrumental features of constitutionally protected association may, of course, coincide.

This distinction is much forgotten in constitutional analysis today. It is because the so-called instrumental features are tied to much recognized rights enunciated in the letter of the First Amendment itself. But I think, the intrinsic and fundamental right to freedom of association is of much substantive and deeper value...