Kalpana Kalpana (Editor)

Bond v. Floyd

Updated on
Edit
Like
Comment
Share on FacebookTweet on TwitterShare on LinkedInShare on Reddit
Full case name
  
Bond, et al. v. Floyd, et al.

Citations
  
385 U.S. 116 (more) 87 S. Ct. 339; 17 L. Ed. 2d 235; 1966 U.S. LEXIS 75

Majority
  
Warren, joined by unanimous

Bond v. Floyd, 385 U.S. 116 (1966), was a United States Supreme Court case.

Contents

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 election, during a news interview, Bond endorsed the SNCC's views, and stated that he did not support the war, and, 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.

    • References

    Bond v. Floyd Wikipedia
    (Text) CC BY-SA