395.5- Private Ideas in Public Places – PMA’s Rising (Free)

There is only one hour of this episode for membership. Did you know that actions of political parties, even though they may impact the public, are not subject to judicial review as political parties are private associations? Another way to say that would be that they are PMA’s or private membership associations. PMAs seem to be on the rise in typically public businesses and other endeavors. In this episode we talk about why that is and what the perceived benefits of private membership associations are. Specifically, the Supreme Court has described the right to associate as inseparable from the right to free speech. These ideas were heavily litigated in the 1950’s and 1960’s, and association members’ rights were consistently upheld by the Court. As a result, members of an association do not fall under the jurisdiction of local, state, and federal governments and corresponding laws and regulations. Lastly, Members of a private membership association have the right to private contract under the due process liberty clause of the 5th and 14th Amendments, and states may not pass laws that impair the obligation of a contract. Now you know why the idea of PMAs is gaining popularity. It appears to be much closer to a time before rampant regulation and restriction – things that so many business owners complain about.