elfbrandt
russell
argued
february
decided
april
state
employees
arizona
must
take
oath
support
federal
state
constitutions
state
laws
legislative
gloss
put
oath
employee
subject
prosecution
perjury
discharge
office
knowingly
wilfully
becomes
remains
member
communist
party
successors
subordinate
organizations
organization
one
purposes
overthrow
state
government
employee
knowledge
unlawful
purpose
petitioner
teacher
filed
suit
declaratory
relief
decided
good
conscience
take
oath
knowing
meant
unable
obtain
hearing
determine
precise
scope
meaning
judgment
arizona
sustaining
oath
vacated
remanded
reconsideration
light
baggett
bullitt
reconsideration
arizona
reinstated
original
judgment
finding
oath
afflicted
many
uncertainties
found
potentially
punishable
baggett
bullitt
held
political
groups
may
embrace
legal
illegal
aims
one
may
join
groups
without
embracing
latter
pp
join
organization
without
sharing
unlawful
purposes
pose
threat
constitutional
government
either
citizens
public
employees
presume
conclusively
join
subversive
organization
share
unlawful
aims
forbidden
principle
state
may
compel
citizen
prove
engaged
criminal
advocacy
speiser
randall
followed
pp
arizona
act
confined
join
specific
intent
illegal
aims
subversive
organization
narrowly
drawn
define
punish
specific
conduct
constituting
clear
present
danger
unnecessarily
infringes
freedom
political
association
pp
edward
morgan
argued
cause
filed
brief
petitioner
philip
haggerty
special
counsel
attorney
general
arizona
argued
cause
respondents
brief
darrell
smith
attorney
general
justice
douglas
delivered
opinion
case
involves
questions
concerning
constitutionality
arizona
act
requiring
oath
state
employees
vacated
judgment
arizona
sustained
oath
remanded
cause
reconsideration
light
baggett
bullitt
see
reconsideration
arizona
reinstated
original
judgment
case
certiorari
oath
reads
conventional
fashion
follows
type
print
name
solemnly
swear
affirm
support
constitution
constitution
laws
state
arizona
bear
true
faith
allegiance
defend
enemies
foreign
domestic
faithfully
impartially
discharge
duties
office
name
office
according
best
ability
help
god
affirm
reach
endorsements
support
communist
candidates
office
lawyer
represents
communist
party
members
journalists
defend
communist
party
rights
members
conduct
neither
act
aid
act
attempting
overthrow
government
force
violence
conclusion
portions
arizona
act
considered
forbid
require
conduct
terms
vague
men
common
intelligence
must
necessarily
guess
meaning
differ
application
let
us
consider
scientist
teacher
one
universities
know
whether
membership
prohibited
international
scientific
organization
includes
members
neutralist
nations
communist
bloc
nations
latter
admittedly
dedicated
overthrow
government
control
organization
even
though
access
scientific
information
organization
available
members
though
might
agree
principal
purpose
organization
scientific
statute
makes
membership
crime
subordinate
purpose
overthrow
state
government
vice
vagueness
scientist
know
whether
membership
organization
result
prosecution
violation
subd
honors
university
encyclopedic
knowledge
acquired
field
part
membership
also
said
element
membership
crime
defendant
personal
criminal
purpose
bring
overthrow
government
force
violence
like
others
must
judged
strictissimi
juris
otherwise
danger
one
sympathy
legitimate
aims
organization
specifically
intending
accomplish
resort
violence
might
punished
adherence
lawful
constitutionally
protected
purposes
unprotected
purposes
necessarily
share
oath
accompanying
statutory
gloss
challenged
suffer
identical
constitutional
infirmity
one
subscribes
arizona
oath
thereafter
becomes
knowing
member
organization
one
purposes
violent
overthrow
government
subject
immediate
discharge
criminal
penalties
nothing
oath
statutory
gloss
construction
oath
statutes
given
arizona
purports
exclude
association
one
subscribe
organization
unlawful
ends
baggett
bullitt
supra
hazard
prosecuted
knowing
guiltless
behavior
reality
people
often
label
communist
ideas
oppose
often
make
juries
rosecutors
human
cramp
board
public
instruction
teacher
safe
secure
going
pugwash
conference
legal
join
seminar
group
predominantly
communist
therefore
subject
control
said
believe
overthrow
government
force
violence
juries
might
convict
though
teacher
subscribe
wrongful
aims
organization
apparently
machinery
provided
getting
clearance
advance
join
organization
share
unlawful
purposes
participate
unlawful
activities
surely
pose
threat
either
citizens
public
employees
laws
restricted
scope
join
specific
intent
illegal
action
impose
effect
conclusive
presumption
member
shares
unlawful
aims
organization
see
aptheker
secretary
state
supra
unconstitutionality
act
follows
fortiori
speiser
randall
held
state
may
even
place
applicant
tax
exemption
burden
proving
engaged
criminal
advocacy
act
threatens
cherished
freedom
association
protected
first
amendment
made
applicable
fourteenth
amendment
baggett
bullitt
supra
cramp
board
public
instruction
supra
cf
alabama
et
seq
gibson
florida
legislative
committee
committee
arizona
legislature
urged
adoption
law
recognized
public
employees
character
integrity
may
well
forgo
calling
rather
risk
prosecution
perjury
compromise
commitment
intellectual
political
freedom
communist
trained
fraud
perjury
qualms
taking
oath
loyal
citizen
conscious
history
oppressions
may
well
wonder
whether
medieval
rack
torture
wheel
next
one
declines
take
involved
negative
oath
evidence
true
believer
objectionable
quality
overbreadth
depend
upon
absence
fair
notice
criminally
accused
upon
unchanneled
delegation
legislative
powers
upon
danger
tolerating
area
first
amendment
freedoms
existence
penal
statute
susceptible
sweeping
improper
application
freedoms
delicate
vulnerable
well
supremely
precious
society
threat
sanctions
may
deter
exercise
almost
potently
actual
application
sanctions
reversed
footnotes
reads
follows
officer
employee
defined
section
taken
form
oath
affirmation
prescribed
section
knowingly
wilfully
time
subscribing
oath
affirmation
time
thereafter
term
office
employment
commit
aid
commission
act
overthrow
force
violence
government
state
political
subdivisions
advocates
overthrow
force
violence
government
state
political
subdivisions
term
office
employment
knowingly
wilfully
becomes
remains
member
communist
party
successors
subordinate
organizations
organization
one
purposes
overthrow
force
violence
government
state
arizona
political
subdivisions
said
officer
employee
defined
section
prior
becoming
remaining
member
organization
organizations
knowledge
said
unlawful
purpose
said
organization
organizations
shall
guilty
felony
upon
conviction
thereof
shall
subject
penalties
perjury
addition
upon
conviction
section
officer
employee
shall
deemed
discharged
said
office
employment
shall
entitled
additional
compensation
emoluments
benefits
may
incident
appurtenant
said
office
employment
cf
rowoldt
perfetto
kennedy
pugwash
conferences
staff
analysis
subcommittee
investigate
administration
internal
security
act
senate
committee
judiciary
committee
print
sess
rabinowitch
pugwash
history
outlook
bull
atomic
sci
topchiev
comments
pugwash
east
bull
atomic
sci
thirring
comments
pugwash
west
rabinowitch
stowe
conferences
bull
atomic
sci
statement
international
pugwash
continuing
committee
pugwash
xiii
bull
atomic
sci
december
documents
second
pugwash
conference
nuclear
scientists
march
petitioner
course
hearing
perjury
trial
event
one
member
arizona
felt
petitioner
tenure
entitled
hearing
discharged
teaching
position
see
elfbrandt
russell
bernstein
concurring
even
authoritatively
decided
indeed
another
opinion
minority
view
separate
opinion
jennings
report
judiciary
committee
support
committee
amendment
journal
senate
reg
legislature
state
arizona
justice
white
justice
clark
justice
harlan
justice
stewart
concur
dissenting
according
unequivocal
prior
holdings
state
entitled
condition
public
employment
upon
employees
abstaining
knowing
membership
communist
party
organizations
advocating
violent
overthrow
government
employs
state
constitutionally
authorized
inquire
affiliations
may
discharge
refuse
affirm
deny
gerende
board
supervisors
elections
garner
board
public
works
adler
board
education
beilan
board
education
lerner
casey
nelson
county
los
angeles
see
also
wieman
updegraff
slochower
board
education
mention
purport
overrule
cases
expressly
hold
state
must
retain
even
sensitive
positions
lend
support
knowing
membership
entails
organizations
communist
party
whose
purposes
include
violent
destruction
democratic
government
existing
constitutional
law
arizona
free
require
teachers
refrain
knowing
membership
designated
organizations
bar
employment
knowing
members
well
refuse
establish
qualifications
teach
executing
oath
prescribed
statute
arizona
need
retain
employees
governor
staff
phoenix
police
department
schools
insist
holding
membership
lending
name
influence
organizations
aiming
violent
overthrow
adler
board
education
seem
therefore
judgment
aimed
criminal
provisions
arizona
law
expose
employee
perjury
prosecution
swears
falsely
membership
signs
oath
later
becomes
knowing
member
remaining
public
employment
state
entitled
condition
employment
absence
knowing
membership
employee
obtains
employment
falsifying
present
qualifications
sound
constitutional
reason
denying
state
power
treat
false
swearing
perjury
alire
ogden
token
since
knowing
membership
specified
organizations
valid
disqualification
arizona
sensibly
forbidden
make
crime
person
state
employee
join
organization
knowing
dedication
forceful
overthrow
employer
knowing
membership
disqualifies
state
employment
crime
provided
arizona
law
act
becoming
member
organization
membership
plus
concurrent
public
employment
state
may
disqualify
knowing
membership
impose
criminal
penalties
falsifying
employment
applications
likewise
within
powers
move
criminally
employee
knowingly
engages
disqualifying
acts
employment
government
may
remove
office
ed
public
workers
america
mitchell
criminally
punish
ed
employees
engage
certain
political
activities
unsound
hold
may
pain
criminal
penalties
prevent
employees
affiliating
communist
party
organizations
prepared
employ
violent
means
overthrow
constitutional
government
constitution
require
kind
protection
secret
proselyting
government
employees
communist
party
organization
found
controlled
foreign
power
dedicated
overthrow
government
illegal
means
necessary
achieve
end
communist
party
subversive
activities
control
board
nothing
scales
noto
aptheker
secretary
state
dictating
result
reached
scales
involved
construction
smith
act
holding
membership
clause
reach
members
knew
illegal
aims
party
lacked
active
membership
intent
illegal
ends
noto
also
involved
construction
smith
act
conviction
reversed
insufficient
evidence
aptheker
struck
provision
denying
passports
members
communist
party
applied
whether
one
knows
believes
associated
organization
operating
aims
world
communist
movement
provision
therefore
sweeps
within
prohibition
knowing
unknowing
members
event
scales
noto
aptheker
deal
government
employee
knowing
member
communist
party
suggest
state
federal
government
prohibited
taking
elementary
precautions
employees
forming
knowing
deliberate
affiliations
organizations
conspire
destroy
government
violent
means
speiser
randall
also
relied
upon
majority
carefully
preserved
gerende
garner
reasons
think
equally
applicable
arizona
oath
statute
view
therefore
errs
holding
act
overbroad
includes
state
employees
knowing
members
may
active
may
lack
specific
intent
illegal
aims
party
even
arizona
may
take
criminal
action
law
enforcement
officers
teachers
become
communists
knowing
purposes
party
judgment
overreaches
invalidating
arizona
statute
whether
arizona
may
make
knowing
membership
crime
need
retain
member
employee
entitled
insist
employees
disclaim
oath
knowing
membership
designated
organizations
condition
future
employment
upon
future
abstention
membership
therefore
improper
invalidate
entire
statute
declaratory
judgment
action
imposition
criminal
penalties
present
act
invalid
limit
holding
remand
case
arizona
courts
determine
severability
criminal
provisions
severability
provisions
act
arizona
communist
control
act
laws
cases
uphold
constitutionality
makes
crime
make
false
statements
regard
matter
within
jurisdiction
department
agency
many
comparable
statutes
cal
govt
code
mass
laws
stat
tit
see
findings
congress
subversive
activities
control
act
ed
arizona
legislature
arizona
communist
control
act
laws
remand
arizona
gave
oath
statute
narrow
reading
eliminated
vulnerability
charge
unconstitutionally
vague
see
baggett
bullitt
although
majority
remand
dwell
membership
clause
seems
meaning
clear
face
statute
terms
unless
organization
joined
actually
purpose
unlawful
revolution
employee
actually
knows
purpose
commits
crime
since
constitutional
vice
vague
indefinite
statute
injustice
accused
placing
trial
offense
nature
given
fair
warning
fact
punishment
restricted
acts
done
knowledge
contravene
statute
makes
objection
untenable
american
communications
assn
douds