mattwithanh
Chieftain
While the rule would not place any express restrictions on the Citizens' right to freely assemble, a requirement that membership in all groups be open and public would chill Citizen participation in some groups.
So you concede that the rule wouldn't violate the right to assemble?
In fact, our Citizenry has already recognized that a requirement of public action may chill participation. Thus, it allows that votes in polls, such as elections, can be private. I argue that the same reasoning applies to membership and participation in Citizen Groups.
I haven't made one single argument that all citizen group participation should be open to the public. Simply the membership should be. I think you are lumping them together and its two seperate issues.
Moreover, I respectfully disagree with your premise that allowing private membership in a Citizens' group discourages the sharing of ideas. I believe the opposite is true. More complete participation can be fostered by allowing Citizens to meet and exchange ideas in private.
Again read more closely. I argued that private group member "In no way promotes" the sharing of ideas. "In no way promotes" is not a synonym for "discourages." Also your argument is intertwined with idea that group participation should be public. An idea that I am not advancing.
A recognition that the specific is preferred over the broadly worded is a widely recognized legal principle and a matter of common sense.
This statement is completely inaccurate. Broad wording is often used by legislators in order to give more power to executive and judicial officials in the form of discretion. The necessary and proper clause is a good example of this.
If our legislative body passed a law that prohibited persons from being "abusive" to one another, the law would be subject to constant debate about what abusive means. If on the other hand, the legislative body passed a law prohibiting vulgar language, the debate is radically reduced. Thus, where presented with two rules on the same subject, the more specific language must be preferred over the more broadly worded alternative. To do otherwise is to ignore that express statement of the rule making body.
I imagine before a discussion of which law would be preferred, the court would strike the vulgar language law down as unconstitutional in violation of the right of free speech.