1966 United States Supreme Court case
Bond v. Floyd United States Supreme Court case.
Background
Julian Bond , an African American, was elected to the Georgia House of Representatives in June 1965. Bond was a member of the Student Nonviolent Coordinating Committee (SNCC), which opposed the Vietnam War . After his election, during a news interview, Bond endorsed SNCC's views, stating that he did not support the war, and that, as a pacifist , he was opposed to all war. Members of the Georgia House of Representatives objected to Bond's statements, and petitioned to prohibit him from joining the House. A hearing was held, and Bond repeated his pacifist viewpoints, but maintained that he never urged draft-card burning or other law violations. The House committee voted to prohibit Bond from joining the House.
Bond sued in federal court, but the District Court upheld the House, concluding that Bond's remarks exceeded criticism of national policy and that he could not in good faith take an oath to support the State and Federal Constitutions. Bond appealed to the Supreme Court.
Opinion of the Court
The Supreme Court, in a unanimous decision, ordered the Georgia House of Representatives to permit Bond to take his seat. The Court held:
Though a State may impose oath requirements on legislators, it cannot limit their capacity to express views on local or national policy.
A majority of state legislators is not authorized to test the sincerity with which another duly elected legislator meets the requirement for holding office of swearing to support the Federal and State Constitutions.
The State may not apply to a legislator a First Amendment standard stricter than that applicable to a private citizen.
United States First Amendment case law
Public displays Statutory religious Public funding Religion in Private religious speech Internal church affairs Taxpayer standing Blue laws Other
Unprotected
Incitementsedition Libel andFighting words andheckler's veto True threats Obscenity
Rosen v. United States United States v. One Book Called Ulysses Roth v. United States One, Inc. v. Olesen Smith v. California Marcus v. Search Warrant MANual Enterprises, Inc. v. Day Jacobellis v. Ohio Quantity of Books v. Kansas Ginzburg v. United States Memoirs v. Massachusetts Redrup v. New York Ginsberg v. New York Stanley v. Georgia United States v. Thirty-seven Photographs Kois v. Wisconsin Miller v. California Paris Adult Theatre I v. Slaton United States v. 12 200-ft. Reels of Film Jenkins v. Georgia Southeastern Promotions, Ltd. v. Conrad (1975)Erznoznik v. City of Jacksonville Young v. American Mini Theatres, Inc. Vance v. Universal Amusement Co., Inc. (1980)American Booksellers Ass'n, Inc. v. Hudnut People v. Freeman United States v. X-Citement Video, Inc. Reno v. ACLU United States v. Playboy Entertainment Group, Inc. City of Los Angeles v. Alameda Books, Inc. Ashcroft v. ACLU I United States v. American Library Ass'n Ashcroft v. ACLU II Nitke v. Gonzales United States v. Williams American Booksellers Foundation for Free Expression v. Strickland United States v. Kilbride United States v. Stevens Brown v. Entertainment Merchants Ass'n FCC v. Fox Television Stations, Inc. Speech integral
Strict scrutiny Vagueness Symbolic speech Content-based Content-neutral
Compelled speech Compelled subsidy
Government grants Government Loyalty oaths School speech Public employees Hatch Act andLicensing and Commercial speech
Valentine v. Chrestensen Rowan v. U.S. Post Office Dept. Pittsburgh Press Co. v. Pittsburgh Comm'n on Human Relations Lehman v. Shaker Heights Goldfarb v. Virginia State Bar Bigelow v. Virginia Virginia State Pharmacy Bd. v. Virginia Citizens Consumer Council Linmark Assoc., Inc. v. Township of Willingboro Carey v. Population Services International Bates v. State Bar of Arizona In re Primus Ohralik v. Ohio State Bar Association (1978)Friedman v. Rogers (1979)Consol. Edison Co. v. Public Serv. Comm'n Central Hudson Gas & Electric Corp. v. Public Service Commission Metromedia, Inc. v. San Diego In re R.M.J. (1982)Hoffman Estates v. The Flipside, Hoffman Estates, Inc. Zauderer v. Off. of Disciplinary Counsel of Supreme Court of Ohio Pacific Gas & Electric Co. v. Public Utilities Comm'n of California Posadas de Puerto Rico Assoc. v. Tourism Co. of Puerto Rico San Francisco Arts & Athletics, Inc. v. U.S. Olympic Committee Shapero v. Kentucky Bar Association (1988)Riley v. Nat'l Fed'n of the Blind (1988)State University of New York v. Fox (1989)Peel v. Attorney Registration and Disciplinary Commission of Illinois (1990)City of Cincinnati v. Discovery Network (1993)Edenfield v. Fane (1993)United States v. Edge Broadcasting Co. (1993)Ibanez v. Florida Dept. of Business and Professional Regulation, Bd. of Accountancy (1994)Lebron v. National Railroad Passenger Corp. Rubin v. Coors Brewing Co. (1995)Florida Bar v. Went For It, Inc. 44 Liquormart, Inc. v. Rhode Island Glickman v. Wileman Brothers & Elliot, Inc. (1997)Greater New Orleans Broadcasting Assn., Inc. v. United States (1999)Los Angeles Police Department v. United Reporting Publishing Co. (1999)United States v. United Foods Inc. (2001)Lorillard Tobacco Co. v. Reilly Thompson v. Western States Medical Center (2002)Nike, Inc. v. Kasky Johanns v. Livestock Marketing Ass'n Tennessee Secondary School Athletic Assn. v. Brentwood Academy (2007)Milavetz, Gallop & Milavetz, P.A. v. United States (2010)Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA (2010)Sorrell v. IMS Health Inc. Expressions Hair Design v. Schneiderman Matal v. Tam Iancu v. Brunetti Barr v. American Association of Political Consultants Vidal v. Elster Campaign finance Anonymous speech State action Official retaliation Boycotts Prisons
Organizations Future Conduct Solicitation Membership restriction Primaries and elections
