Connell v. Higginbotham, 403 U.S. 207 (1971)

Connell v. Higginbotham


No. 79


Argued November 19, 1971
Decided June 7, 1971
403 U.S. 207

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA

Syllabus

Florida’s statutory loyalty oath provision requiring a Florida public employee as an employment condition to swear that he will support the Federal and State Constitutions is constitutionally valid. The portion of the oath requiring him to swear that he does not believe in the violent overthrow of the Federal or State Government is invalid as providing for his dismissal without hearing or inquiry required by due process.

305 F.Supp. 445, affirmed in part, reversed in part.