US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

WIEMAN V. UPDEGRAFF, 344 U. S. 183 (1952)

Subscribe to Cases that cite 344 U. S. 183 RSS feed for this section

U.S. Supreme Court

Wieman v. Updegraff, 344 U.S. 183 (1952)

Wieman v. Updegraff

No. 14

Argued October 16, 1952

Decided December 15, 1952

344 U.S. 183


Oklahoma Stat.Ann., 1950, Tit. 51, §§37.1-37.8 (1952 Supp.), requires each state officer and employee, as a condition of his employment, to take a "loyalty oath," stating, inter alia, that he is not, and has not been for the preceding five years, a member of any organization listed by the Attorney General of the United States as "communist front" or "subversive." As construed by the Supreme Court of Oklahoma, it excludes persons from state employment solely on the basis of membership in such organizations, regardless of their knowledge concerning the activities and purposes of the organizations to which they had belonged.

Held: As thus construed, the Act violates the Due Process Clause of the Fourteenth Amendment. Pp. 344 U. S. 184-192.

(a) The Due Process Clause does not permit a state, in attempting to bar disloyal persons from its employment on the basis of organizational membership, to classify innocent with knowing association. Adler v. Board of Education, 342 U. S. 485; Gerende v. Board of Supervisors, 341 U. S. 56; and Garner v. Board of Public Works, 341 U. S. 716, distinguished. Pp. 344 U. S. 188-191.

(b) The protection of the Due Process Clause extends to a public servant whose exclusion pursuant to a statue is patently arbitrary or discriminatory. Adler v. Board of Education, 342 U. S. 485, and United Public Workers v. Mitchell, 330 U. S. 75, distinguished. Pp. 344 U. S. 191-192.

205 Okla. 301, 237 P. 2d 131, reversed.

The Supreme Court of Oklahoma affirmed the judgment of a trial court sustaining the constitutionality of Okla.Stat.Ann., 1950, Tit. 51, §§ 37.1-37.8 (1952 Supp.), and enjoining payment of salaries to state employees who had refused to subscribe to the "loyalty oath" required by that Act. 205 Okla. 301, 237 P. 2d 131. On appeal to this Court, reversed, p. 344 U. S. 192. chanroblesvirtualawlibrary

Page 344 U. S. 184

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™