Majority's test for when a group may permissibly exclude outsiders who it alleges will change the group's message. Justice O'Connor highlighted the perverse outcomes this rule has: If the Jaycees had historically opposed women's rights, or other causes seen as supported by women, it could exclude women more easily than a men's club that remained neutral on such topics. Justice O'Connor also faulted the Majority for failing to determine whether the Jaycees were engaged in protected First Amendment expression, or commercial activity (which receives less protection). Justice O'Connor would consider association commercial only where the activities are not "predominantly of the type protected by the First Amendment." Applying that framework to the facts, Justice O'Connor concluded that the Jaycees were a commercial association, as they call their members "customers," and refer to memberships as goods that they sell. Justice O'Connor admitted that the Jaycees engaged in some protected activity, but said that was not enough to shield the Jaycees from regulation. Justice Rehnquist concurred in the judgment without joining either opinion. Justices Burger and Blackmun took no part in deciding the case. Aftermath Tommy Todd, President of the Jaycees, said the group was disappointed with the ruling but would comply, citing the Supreme Court's role in the American constitutional framework. Women's groups, who had challenged similar laws in states including New Jersey, New York and Connecticut, celebrated the authoritative quality of the Court's 7-0 ruling. Criticism The decision has received criticism from both conservative and liberal legal academics. Conservative scholars, including John Inazu, have faulted the decision for unduly restricting the associational rights of groups who promote unpopular messages, or want to create a group that only admits certain types of people. Liberal scholars like Linda McClain have argued that those who praise the decision overestimate the effect that joining business groups like the Jaycees has on women's equality. See also Freedom of association National Association for the Advancement of Colored People v. Alabama (1958) Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston (1995) Boy Scouts of America v. Dale (2000) Gender equality List of gender equality lawsuits List of United States Supreme Court cases, volume 468 References External links United States Supreme Court cases United States Supreme Court cases of the Burger Court United States freedom of association case law Void for vagueness case law 1984 in United States case law Gender discrimination lawsuits Junior Chamber International