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Wieman v. Updegraff, 344 U.S. 183 (1952)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
APPEAL FROM THE SUPREME COURT OF OKLAHOMA
Syllabus
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. 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. 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. 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. 192.
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Chicago: U.S. Supreme Court, "Syllabus," Wieman v. Updegraff, 344 U.S. 183 (1952) in 344 U.S. 183 344 U.S. 184. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=BBTHP8IGPBJCZY9.
MLA: U.S. Supreme Court. "Syllabus." Wieman v. Updegraff, 344 U.S. 183 (1952), in 344 U.S. 183, page 344 U.S. 184. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=BBTHP8IGPBJCZY9.
Harvard: U.S. Supreme Court, 'Syllabus' in Wieman v. Updegraff, 344 U.S. 183 (1952). cited in 1952, 344 U.S. 183, pp.344 U.S. 184. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=BBTHP8IGPBJCZY9.
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