Simply put, a Private Membership Association is a group of men and women – Patriotic, Informed, Freedom-loving Americans – who have chosen to associate in support of a particular activity or interest.
While not yet a household term, PMAs have been around for a long time and the legal underpinnings are well established, all the way to the U.S. Supreme Court. The PMA structure has been applied to all sorts of business and social endeavors. We believe, however, that this is the first use of a PMA for Finance. UnWoke has taken the bold step of moving to PMA in the interest of protecting confidential financial information from undue surveillance, globalist influence, or government overreach.
How Do Private Membership Associations Work?
The U.S. Constitution grants American citizens the right to “freedom of association.” Under this right, individuals can create and partake in private organizations that are outside the jurisdiction of local, state, and federal governments. No rule requires permission ahead of the creation of these associations. If a group wishes to create an association, it may do so. And whereas public organizations are held to public law, PMAs are free from government interference. They are responsible for regulating themselves and with very rare exception, can establish their own rules.
What are the Benefits of a Private Membership Association, as outlined in the 1st and 14th Amendments?
- Eliminate Illegal Investigations and Sanctions by “Regulators”.
- Allow Members to manage financial affairs with lessened burden of strict compliance with Federal/State Laws & Regulations.
- Maintain privacy of business and financial affairs.
- Practice alternative modalities without fear of discrimination and sanctions.
- Maintain more freedom and control of actions/activities/advice.
This right of association is not absolute. The U.S. Supreme Court has ruled in many cases that government cannot interfere with private association activities unless the private members are being subjected to a clear danger of substantial evil that would shock a person’s morality and common sense. For example, if the private members are becoming seriously ill or injured or dying due to the so-called benefits and services of the association, then outside State and/or Federal agencies can intervene.
However, if there is no “substantial evil” resulting from the association, and the benefits and services of the private association are merely controversial, unpopular, unconventional, or lack proper endorsements and approvals, the U.S. Supreme Court again has ruled overwhelmingly that freedom of assembly and association cannot be violated.
Who Can Establish and/or Participate in a Private Membership Assocation?
All businesses and industries have the ability to remove their particular business from the realm of public law and to implement the protections of operating within the private domain. In today’s world, business leaders are most commonly taught to operate their business in compliance with, and subject to, public law and are not informed as to their rights. There is a better answer! A Properly Formed PMA.
A PMA is created by and exists upon the contract authority and power that people have reserved for themselves.
PMA members are free to exchange any services or information whatsoever on any topic they choose and can speak or write about, listen to, or read any information, use or obtain any information, product, or service on any terms agreeable to any member who chooses to provide that information, product, or service within the private membership association.
PMAs are under no general lawful/legal obligation to recognize any statutory title of public competency, education or training (including, but not limited to, licensed persons, credentialing organizations, or ”experts”).
Public Law, Regulations and internal rules of administrative agencies that regulate the public do not generally apply to a PMA because doing so would impair, impede, obstruct or defeat the PMA members’ ability to discuss, hear, read or speak about, print, obtain or use things which may be prohibited to be disclosed to or used in a regulated setting…
The right of association under the Constitution was heavily litigated in the 1950’s and 1960’s, and association members’ rights were consistently upheld by the Court. In fact, the right of association became a cornerstone of the civil rights movement.
In general, members of an association do not fall under the jurisdiction of local, state, and federal governments and corresponding laws and regulations. The exception to this general rule is when the activities of the private membership association “present a clear and present danger of substantive evil”. Thomas v. Collins, 323 U.S. 516 (1945).
It is important to note that the right to associate is not limited to social or political activities. According to the Supreme Court, this right can be utilized for business activities of all types. 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.
Again, in Thomas v. Collins, the Supreme Court stated: “Great secular causes, with small ones, are guarded. The grievances for redress of which the right of partition was insured, and with it the right of assembly, are not solely religious or political ones. And the rights of free speech and a free press are not confined to any field of human interest”.
Under the First and Fourteenth Amendments to the U.S. Constitution and equivalent provisions of various State Constitutions, you have the right to associate with fellow members and offer benefits and services that are outside of the jurisdiction, venue, and authority of State and/or Federal agencies. What could come under scrutiny and in some cases be considered a disallowed, or even illegal act outside the association can be perfectly legal within the protection of a private association.
Some Common Benefits of Operating Under a Private Membership Association
- Conduct private association member activities outside the jurisdiction and authority of federal and state regulatory agencies whose mandate is to protect the health, safety, and welfare of the public.
- Maintain greater privacy of personal & business financial records.
- Greater security of being able to continue operation in a world of changing laws and politics.
- Instead of conducting business under a legal loophole, PMAs operate under legal rights decided by the supreme law of the land, i.e., the Supreme Court decisions interpreting the U.S. Constitution. For example see NAACP v. Alabama, 357 U.S. 449.
- Simplify business operations by eliminating annual reports such as those required with the LLC model, which are growingly under attack by the Internal Revenue Service (IRS).
- No need to register your unincorporated association PMA, as a corporation with the Secretary of State.
Comments From an established PMA [Renewed Health Associates]:
We have found a solution to a huge problem. Government agencies have a mandate to “protect” the public but have very little jurisdiction over the First and Fourteenth Amendment. By being a Private Membership Association (PMA), we are free to serve our Members with the help they so desperately need and seek. This is because the First and Fourteenth Amendments and equivalent provisions of the State Constitution, give [us] the right to associate… Joining a private membership association is a small price to pay for such a wonderful freedom…
Why “UnWoke” for the name?
When Founder Jonathan Broadbent first began discussing what he saw as far-Left political influences being cast upon the world of Finance, the word “woke” was being widely used to describe similar influence upon other pillars of society, so he began referring to countering this inappropriate influence as “UnWoke.”