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The expansion of the concept of discrimination and a loss of distinction between permissible actions in public and private spheres have eroded individuals' First Amendment freedom of association, Stanford University Constitutional Law Center director Michael McConnell said in a lecture at the Rockefeller Center on Wednesday.
"If we prevent the government from regulating the content of what we say, but allow it to regulate and control the membership, leadership or institutional structure of the groups that are the seedbed of ideas and communication, we will have given the government a powerful instrument for controlling speech, press, religion, assembly and petition," McConnell said.
McConnell represented the Christian Legal Society in the 2010 Supreme Court case Christian Legal Society v.