Wieman v. Updegraff
1952 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Wieman v. Updegraff, 344 U.S. 183 (1952), is a unanimous ruling by the United States Supreme Court which held that Oklahoma loyalty oath legislation violated the due process clause of the Fourteenth Amendment to the United States Constitution because it did not give individuals the opportunity to abjure membership in subversive organizations. Due process requires that individuals have scienter (knowledge that their membership or support violates the loyalty oath), and the Oklahoma statute did not accommodate this requirement.
Quick Facts Wieman v. Updegraff, Argued October 16, 1952 Decided December 15, 1952 ...
Wieman v. Updegraff | |
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Argued October 16, 1952 Decided December 15, 1952 | |
Full case name | Wieman et al. v. Updegraff et al. |
Citations | 344 U.S. 183 (more) 73 S.Ct. 215; 97 L. Ed. 216; 1952 U.S. LEXIS 1430 |
Case history | |
Prior | On appeal from the Supreme Court of Oklahoma |
Holding | |
Oklahoma loyalty oath legislation violated the due process clause of the Fourteenth Amendment to the United States Constitution | |
Court membership | |
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Case opinions | |
Majority | Clark, joined by Vinson, Black, Reed, Frankfurter, Douglas, Minton |
Concurrence | Black, joined by Douglas |
Concurrence | Frankfurter, joined by Douglas |
Concurrence | Burton |
Jackson took no part in the consideration or decision of the case. |
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