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Speiser v. Randall (docket #: 483) (1958)  [Findlaw]

Argument Date 04/08/1958
Decided 6/30/1958
Supreme Court Vote 7-1
Note Decided together with Prince v. City and County of San Francisco (docket # 484)
Supreme Court Ruling First Amendment claim upheld
 
IssueWhether a California law requiring a loyalty oath in order to gain a tax exemption violated due process of law.
Majority Opinion Brennan, J. (Warren, C.J. not participating)
Dissenting Opinion Clark, J.
Lower Court California Supreme Court
Lower Court Ruling First Amendment claim denied
Lawyers
For Petitioner
Lawrence Speiser

For Respondent
George W. McClure

Briefs
For Amicus
Shad Polier, Will Maslow and Leo Pfeffer for the American Jewish Congress

News
"California Upset on Loyalty Oath," The New York Times, July 1, 1958, p. 20
"California's Oath to Get Court Test," The New York Times, Nov. 26, 1957, p. 25
"Church, Loyalt Oath Case in Supreme Court," The Los Angeles Times, Feb. 24, 1958, p. 16
"Coast Loyalty Test for Tax Aid is Upset," The New York Times, Feb. 11, 1955, p. 24
"Court Reversal Asked," The New York Times, Feb. 24, 1958, p. 12
"Court Upholds Loyalty Oath in Tax Exemptions," The Los Angeles Times, April 25, 1957, p. 18
"Court Won't Reconsider Ban on Tax Loyalty Oath," The Los Angeles Times, Oct. 14, 1958, p. 8
"Loyalty Oaths by 2 1/2 Million Are Envisaged Under California Proviso on Tax Exemption," The New York Times, April 5, 1953, p. 8
"States Made Pawns by Court, Ellender Says," The Los Angeles Times, July 6, 1958, Sect. A, p. 15
"Supreme Court Upholds Loyalty Oath Objectors," The Washington Post, July 1, 1958, Sect. A, p. 10
"Two Courts Clash on Loyalty Oath," The New York Times, July 26, 1955, p. 10
"U.S. Court to Rule on State Loyalty Oath," The Los Angeles Times, Nov. 26, 1957, p. 14
"Voting at 18 Fails; Loyalty Oaths Adopted," The Washington Post, Nov. 6, 1952, p. 3
Krock, Arthur, "In The Nation," The New York Times, July 3, 1958, p. 24
Lewis, Anthony, "High Court Urged to Bar Tax Oath," The New York Times, April 9, 1958, p. 24
Shannon, Don, "High Court Strikes Out State Tax Loyalty Oath," The Los Angeles Times, July 1, 1958, p. 1
Other
Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.)(2006), pp. 558, 980
Emerson, Thomas I., THE SYSTEM OF FREEDOM OF EXPRESSION (1970), pp.. 194-196, 203, 236
Stone, Seidman, Sunstein, Tushnet, CONSTITUTIONAL LAW (3rd Ed.)(1996), p. 1460
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