Protected by the 1st and 14th Amendments: How Private Associations Safeguard Your Freedom
If you’ve felt constrained by government licensing boards, regulatory agencies, or state police power limiting what you can offer to clients or patients, you may not realize you have a powerful legal alternative: a properly formed private association. The law of private associations is rooted in fundamental constitutional protections that many professionals don’t fully understand. At ProAdvocate Group PMA in Frisco, Texas, we’ve spent over 41 years researching and successfully defending these principles through intense legal study and unprecedented real-world success. We’ve achieved a 100% success rate defending 1st and 14th Amendment private membership associations—and we’ve identified more than 70 favorable U.S. Supreme Court cases that uphold these principles. If you’re a medical practitioner, alternative healthcare provider, or any professional facing regulatory obstacles, understanding private associations law could fundamentally change how you practice. This isn’t about circumventing the law—it’s about leveraging the law to protect your constitutional rights while operating fully within legal boundaries.
What Private Associations Are: A Legally Protected Framework
The Constitutional Foundation
A private association is a legally formed entity that operates under the protection of the First and Fourteenth Amendments to the U.S. Constitution. The First Amendment guarantees freedom of speech, press, religion, and the right to peaceably assemble and petition the government. The Fourteenth Amendment ensures equal protection under the law and protects citizens from government overreach. Together, these amendments create what courts have recognized as “freedom of association”—a fundamental right that enables individuals to organize, associate with like-minded people, and engage in protected activities without undue government interference.
The key distinction is critical: when you serve members of a private association rather than the general public, your relationship shifts from a public commercial transaction to a private contractual relationship. This distinction carries significant legal consequences.
How Private Associations Differ from Public Practice
When a licensed healthcare practitioner offers services to the general public, state regulatory boards claim jurisdiction over those services under their police power—ostensibly to protect public health. However, when that same practitioner offers services exclusively to members of a properly formed private association, constitutional protections apply instead of licensing restrictions.
This doesn’t mean unlicensed practice or fraud. It means operating in the private domain, where members have contractually agreed to associate with you and receive services outside the regulatory framework that governs public practice. Licensed practitioners can participate in private associations; unlicensed practitioners can offer services within the association that would otherwise require licensing when offered publicly.
The Legal Architecture: Contract Law vs. Regulatory Statutes
Private Associations Operate Under Contract Law
One of the most significant advantages of private associations is that they operate primarily under contract law rather than regulatory statutes. This distinction provides substantial flexibility. When members join a private association and contract to receive services, the relationship is governed by the contract between the member and the association, not by government regulation.
Regulatory statutes that govern public licensing typically cannot be applied to private contractual relationships, particularly when a “substantive evil” doesn’t exist. U.S. Supreme Court case law is clear: the government cannot restrict freedom of association merely because the services or techniques are controversial, unpopular, unconventional, or lack government endorsement. If no substantive evil results—no fraud, no criminal activity, no breach of peace—the association and its members enjoy full constitutional protection.
The Burden of Proof Belongs to the Government
Under constitutional law, government agencies must prove “substantive evil” to restrict private associations. Simply asserting that a practice is unlicensed or unconventional isn’t sufficient. The association is protected unless the government demonstrates actual harm. This is a fundamentally different legal framework than public practice, where practitioners must prove compliance with regulations.
Real-World Applications for Medical Practitioners
Alternative and Holistic Healthcare
ProAdvocate Group specializes in helping healthcare practitioners establish private associations that allow them to offer treatments and modalities that fall outside conventional, licensed practice. This includes herbal remedies, homeopathic treatments, massage, acupuncture, nutrition counseling, energy work, and other natural approaches.
When offered within a private association framework, these services aren’t subject to medical board restrictions, licensing requirements, or the burden of FDA approval. Members voluntarily associate with practitioners offering these modalities, making government regulatory claims substantially weaker.
Protection from Licensing Board Investigations
Licensed practitioners facing investigation by medical or licensing boards—or simply concerned about future regulatory challenges for offering alternative treatments—can establish a private association. This provides a legal pathway to offer services that might be controversial under board scrutiny, while maintaining their licensed practice for conventional services offered publicly.
Multi-State Practice Without Separate Licensing
Private associations enable practitioners to serve members across all 50 states without establishing separate entities or obtaining individual licenses in each state. This eliminates a major barrier for healthcare providers wanting to expand their reach while maintaining operational and legal efficiency.
Why Private Associations Matter in Today’s Regulatory Environment
The law of private associations is increasingly relevant as practitioners and professionals face expanding government oversight. Regulatory boards continue to restrict what practitioners can offer the public, yet constitutional law remains unchanged: freedom of association is a fundamental right that government cannot violate without proving substantial harm.
By understanding and properly implementing private association structures, professionals can:
- Offer services and treatments they believe in without excessive government interference
- Protect both practitioner and members through contractual relationships rather than regulatory frameworks
- Achieve nationwide reach without multiplied licensing burden
- Maintain control over bylaws, procedures, and operational standards
- Operate with enhanced privacy and confidentiality protections
Ready to Protect Your Constitutional Rights?
Understanding private associations law is the first step toward reclaiming professional autonomy. Whether you’re a medical practitioner seeking to offer alternative treatments, a professional facing regulatory obstacles, or an organization wanting to serve members on your own terms, properly formed private associations offer a legally sound path forward.
Contact ProAdvocate Group PMA today to discuss your situation and explore how a private association could protect your rights and expand your practice. Our team brings decades of combined expertise in constitutional law and private association formation. We’ll guide you through establishment, ensure legal compliance, and provide ongoing support.