Official Logo MTSU Freedom Of Speech
  • HOME
  • ABOUT
  • ENCYCLOPEDIA
  • NEWS
  • IN THE CLASSROOM
  • DONATE

Loyalty Oaths

  • Baggett v. Bullitt (1964)

Baggett v. Bullitt (1964) struck down a state law that mandated loyalty
oaths for state employees, thereby interfering with their First Amendment
rights of association.

  • Beilan v. Board of Education (1958)

Beilan v. Board of Education (1958) glossed over First Amendment concerns
and upheld a teacher’s dismissal for refusing to answer questions about
membership in a communist group.

  • Cole v. Richardson(1972)

Cole v. Richardson (1972) upheld a loyalty oath required for state
employees against a First Amendment challenge. The Court did not think the
oath was too vague.

  • Communist Party of Indiana v. Whitcomb (1974)

Communist Party of Indiana v. Whitcomb (1974) overturned a law requiring a
loyalty oath for party ballot access. The law violated the First Amendment
right of association.

  • Connell v. Higginbotham (1971)

Connell v. Higginbotham (1971) used the First Amendment to strike down a
loyalty oath that required teachers to affirm they did not believe in the
violent overthrow of government.

  • Cramp v. Board of Public Instruction of Orange County (1961)

Cramp v. Board of Public Instruction of Orange County (1961) struck down a
state loyalty oath law for being vague and possibly infringing upon First
Amendment rights.

  • Cummings v. Missouri

In June 1865, Missouri, whose citizens had been deeply split by the Civil War, adopted a constitution that barred from voting any individuals who were unwilling to take an oath that they had never aided the Confederacy or any of its participants or who had left the state to escape conscription.   They also would

  • Elfbrandt v. Russell(1966)

Elfbrandt v. Russell (1966) said an Arizona statute requiring state
employees to sign a loyalty oath infringed on First Amendment freedom of
political association.

  • Garner v. Board of Public Works of Los Angeles (1951)

In Garner v. Board of Public Works of Los Angeles, the court upheld the
constitutionality of loyalty oaths examining subversive associations of
employees.

  • Gibson v. Florida Legislative Investigation Committee (1963)

In Gibson v. Florida Legislative Investigation Committee, the court held
that the state must show compelling interest to intrude on First Amendment
rights.

  • Nostrand v. Little (1960)

Nostrand v. Little (1960) looked at a state law that required public
employees to take loyalty oaths. The Court dismissed the First Amendment
questions raised by the case.

  • Speiser v. Randall (1958)

In Speiser v. Randall (1958), the Supreme Court ruled that the state cannot
condition the receipt of a tax exemption on a loyalty oath to not overthrow
the government.

  • Whitehill v. Elkins (1967)

Whitehill v. Elkins (1967) struck down a loyalty oath requirement at a
university after a teacher who had been offered a job challenged it on
First Amendment grounds.

  • Wieman v. Updegraff (1952)

In Wieman v. Updegraff (1952), the Court said a loyalty oath requirement
for Oklahoma state employees violated the First Amendment freedoms of
speech and association.

ABOUT US

Footer logo

The Free Speech Center is a nonpartisan, nonprofit public policy center dedicated to building understanding of the five freedoms of the First Amendment through education, information and engagement.

freespeechcenter@mtsu.edu

FEATURE POSTS

Happy birthday to us – on the day that cleared a road to freedom

Memorial Day: Honoring those who gave all for our freedoms

White House Correspondents’ Dinner: levity, gravity, and a toast to the First Amendment

The origins of academic freedom in the U.S.

LINKS

  • Home
  • In The Classroom
  • First Amendment Ads
  • First Amendment Encyclopedia
  • Publications
  • Contact
  • Donate

NEWSLETTER

Subscribe our newsletter for latest news.
Let's stay updated!

SUBSCRIBE