Bond v. Floyd

Supreme Court of the United States

Argued November 10, 1966
Decided December 5, 1966

Full case name

Bond, et al. v. Floyd, et al.

Citations

87 S. Ct. 339; 17 L. Ed. 2d 235; 1966 U.S. LEXIS 75

Holding

Though a State may impose all oath requirement on legislators, it cannot limit their capacity to express views on local or national policy.

Court membership

Chief Justice Earl Warren

Associate Justices Hugo Black · William O. Douglas Tom C. Clark · John M. Harlan II William J. Brennan, Jr. · Potter Stewart Byron White · Abe Fortas

Case opinions

Majority

Warren, joined by unanimous

Laws applied

U.S. Const. amends. I, XIV

Bond v. Floyd, 385 U.S. 116 (1966), was a 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 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.

External links

Wikisource has original text related to this article:

Bond v. Floyd

Text of Bond v. Floyd - 385 U.S. 116 (1966) is available from: Justia

United States First Amendment case law

Establishment Clause

Public funding	Everson v. Board of Education (1947) McCollum v. Board of Education (1948) Walz v. Tax Commission of the City of New York (1970) Lemon v. Kurtzman (1971) Tilton v. Richardson (1971) Committee for Public Education & Religious Liberty v. Nyquist (1973) Sloan v. Lemon (1973) Wolman v. Walter (1977) Marsh v. Chambers (1983) Mueller v. Allen (1983) Aguilar v. Felton (1985) Board of Education of Kiryas Joel Village School District v. Grumet (1994) Agostini v. Felton (1997) Mitchell v. Helms (2000) Zelman v. Simmons-Harris (2002) Locke v. Davey (2004) Arizona Christian School Tuition Organization v. Winn (2011)

Public displays	Stone v. Graham (1980) Lynch v. Donnelly (1984) Board of Trustees of Scarsdale v. McCreary (1985) County of Allegheny v. ACLU (1989) McCreary County v. ACLU of Kentucky (2005) Van Orden v. Perry (2005) Pleasant Grove City v. Summum (2009)

School prayer	Zorach v. Clauson (1952) Engel v. Vitale (1962) Abington School District v. Schempp (1963) Stone v. Graham (1980) Wallace v. Jaffree (1985) Lee v. Weisman (1992) Santa Fe Independent School District v. Doe (2000) Elk Grove Unified School District v. Newdow (2004)

Creationism	Epperson v. Arkansas (1968) Edwards v. Aguillard (1987) Kitzmiller v. Dover Area School District (M.D. Pa. 2005)

Legislature prayer	Marsh v. Chambers (1983) Town of Greece v. Galloway (2014)

Establishment Clause, Other	McGowan v. Maryland (1961) Walz v. Tax Commission of the City of New York (1970) McDaniel v. Paty (1978) Widmar v. Vincent (1981) Larkin v. Grendel's Den, Inc. (1982) Estate of Thornton v. Caldor, Inc. (1985) Texas Monthly, Inc. v. Bullock (1989)

Free Exercise Clause

Vidal v. Girard's Executors (1844)
Reynolds v. United States (1879)
Davis v. Beason (1890)
Schneider v. New Jersey (1939)
Cantwell v. Connecticut (1940)
Minersville School District v. Gobitis (1940)
Murdock v. Pennsylvania (1943)
United State v. Ballard (1944)
Braunfeld v. Brown (1961)
Torcaso v. Watkins (1961)
Sherbert v. Verner (1963)
Presbyterian Church v. Hull Church (1969)
Wisconsin v. Yoder (1972)
NLRB v. Catholic Bishop of Chicago (1979)
Harris v. McRae (1980)
Thomas v. Review Board of the Indiana Employment Security Division (1981)
United States v. Lee (1982)
Bob Jones University v. United States (1983)
Bowen v. Roy (1986)
Goldman v. Weinberger (1986)
Employment Division v. Smith (1990)
Church of Lukumi Babalu Aye v. City of Hialeah (1993)
City of Boerne v. Flores (1997)
Watchtower Society v. Village of Stratton (2002)
Cutter v. Wilkinson (2005)
Gonzales v. UDV (2006)

Freedom of speech (portal)

Sedition and imminent danger	Alien and Sedition Acts (1798) Masses Publishing Co. v. Patten (S.D.N.Y. 1917) Schenck v. United States (1919) Abrams v. United States (1919) Gitlow v. New York (1925) Whitney v. California (1927) Dennis v. United States (1951) Communist Party v. Subversive Activities Control Board (1955, 1961) Yates v. United States (1957) Bond v. Floyd (1966) Brandenburg v. Ohio (1969)

False speech	Gertz v. Robert Welch, Inc. (1974) United States v. Alvarez (2012)

Fighting words and the heckler's veto	Cantwell v. Connecticut (1940) Chaplinsky v. New Hampshire (1942) Terminiello v. Chicago (1949) Feiner v. New York (1951) Gregory v. Chicago (1969) National Socialist Party of America v. Village of Skokie (1977) R.A.V. v. City of St. Paul (1992) Snyder v. Phelps (2011) Elonis v. United States (2015)

Freedom of assembly and public forums	Hague v. CIO (1939) Schneider v. New Jersey (1939) Martin v. Struthers (1943) Marsh v. Alabama (1946) Niemotko v. Maryland (1951) Edwards v. South Carolina (1963) Cox v. Louisiana (1965) Brown v. Louisiana (1966) Adderley v. Florida (1966) Carroll v. Town of Princess Anne (1968) Coates v. Cincinnati (1971) Organization for a Better Austin v. Keefe (1971) Lloyd Corp. v. Tanner (1972) Pruneyard Shopping Center v. Robins (1980) Widmar v. Vincent (1981) Hill v. Colorado (2000) McCullen v. Coakley (2014)

Symbolic speech	Stromberg v. California (1931) United States v. O'Brien (1968) Cohen v. California (1971) Smith v. Goguen (1974) Texas v. Johnson (1989) United States v. Eichman (1990) Virginia v. Black (2003)

Compelled speech	Minersville School District v. Gobitis (1940) West Virginia State Board of Education v. Barnette (1943) Wooley v. Maynard (1977) Board of Regents of the University of Wisconsin System v. Southworth (2000) Davenport v. Washington Education Association (2007) Knox v. Service Employees International Union, Local 1000 (2012) Agency for International Development v. Alliance for Open Society International, Inc. (2013)

Loyalty oaths	American Communications Association v. Douds (1950) Garner v. Board of Public Works (1951) Speiser v. Randall (1958) Keyishian v. Board of Regents (1965) Communist Party of Indiana v. Whitcomb (1974)

School speech	Minersville School District v. Gobitis (1940) West Virginia State Board of Education v. Barnette (1943) Tinker v. Des Moines Independent Community School District (1969) Island Trees School District v. Pico (1982) Bethel School District v. Fraser (1986) Hazelwood School District v. Kuhlmeier (1988) Rosenberger v. University of Virginia (1995) Morse v. Frederick (2007)

Obscenity	Rosen v. United States (1896) United States v. One Book Called Ulysses (S.D.N.Y. 1933) Roth v. United States (1957) One, Inc. v. Olesen (1958) Marcus v. Search Warrant (1961) MANual Enterprises v. Day (1962) Jacobellis v. Ohio (1964) Quantity of Books v. Kansas (1964) Freedman v. Maryland (1965) Memoirs v. Massachusetts (1966) Redrup v. New York (1967) Ginsberg v. New York (1968) Stanley v. Georgia (1969) Cohen v. California (1971) United States v. Thirty-seven Photographs (1971) Kois v. Wisconsin (1972) Miller v. California (1973) Paris Adult Theatre I v. Slaton (1973) United States v. 12 200-ft. Reels of Film (1973) Jenkins v. Georgia (1974) Erznoznik v. City of Jacksonville (1975) Young v. American Mini Theatres (1976) New York v. Ferber (1982) American Booksellers v. Hudnut (7th Cir., 1985) Renton v. Playtime Theatres, Inc. (1986) Osborne v. Ohio (1990) United States v. X-Citement Video (1994) Reno v. American Civil Liberties Union (1997) United States v. Playboy Entertainment Group (2000) Ashcroft v. Free Speech Coalition (2002) Ashcroft v. American Civil Liberties Union (2002) Nitke v. Gonzales (S.D.N.Y., 2005) United States v. Williams (2008) FCC v. Fox Televisions Stations - 2 cases (2009 and 2012) American Booksellers Foundation for Free Expression v. Strickland (6th Cir., 2009) United States v. Kilbride (9th Cir., 2009) United States v. Stevens (2010) Brown v. Entertainment Merchants Association (2011)

Public employees	Pickering v. Board of Education (1968) Perry v. Sindermann (1972) Board of Regents of State Colleges v. Roth (1972) Mt. Healthy City School District Board of Education v. Doyle (1977) Givhan v. Western Line Consolidated School District (1979) Connick v. Myers (1983) Rankin v. McPherson (1987) Waters v. Churchill (1994) Garcetti v. Ceballos (2006) Borough of Duryea v. Guarnieri (2011) Heffernan v. City of Paterson (2016)

Hatch Act and similar laws	Ex parte Curtis (1882) United Public Workers v. Mitchell (1947) United States Civil Service Commission v. National Association of Letter Carriers (1973) Broadrick v. Oklahoma (1973)

Licensing and restriction of speech	Mutual Film Corporation v. Industrial Commission of Ohio (1915) Joseph Burstyn, Inc. v. Wilson (1952) Freedman v. Maryland (1965) Virginia State Pharmacy Board v. Virginia Citizens Consumer Council (1976) Hoffman Estates v. The Flipside, Hoffman Estates, Inc. (1982) Walker v. Texas Division, Sons of Confederate Veterans (2015)

Commercial speech	Valentine v. Chrestensen (1942) Rowan v. U.S. Post Office Dept. (1970) Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations (1973) Bigelow v. Commonwealth of Virginia (1974) Virginia State Pharmacy Board v. Virginia Citizens Consumer Council (1976) Bates v. State Bar of Arizona (1977) Linmark Associates, Inc. v. Willingboro (1977) Ohralik v. Ohio State Bar Ass’n (1978) Friedman v. Rogers (1979) Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) Consol. Edison Co. v. Public Serv. Comm'n (1980) Bolger v. Youngs Drug Products (1983) Zauderer v. Office of Disciplinary Counsel (1985) Pacific Gas & Electric Co. v. Public Utilities Commission of California (1986) Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico (1986) San Francisco Arts & Athletics, Inc. v. United States Olympic Committee (1987) 44 Liquormart, Inc. v. Rhode Island (1996)

Campaign finance and political speech	Buckley v. Valeo (1976) First National Bank of Boston v. Bellotti (1978) Citizens Against Rent Control v. City of Berkeley (1981) California Medical Association v. FEC (1981) Brown v. Socialist Workers '74 Campaign Committee (1982) Regan v. Taxation with Representation of Washington (1983) FEC v. National Conservative Political Action Committee (1985) FEC v. Massachusetts Citizens for Life (1986) Austin v. Michigan Chamber of Commerce (1990) McIntyre v. Ohio Elections Commission (1995) Colorado Republican Federal Campaign Committee v. FEC (1996) Nixon v. Shrink Missouri Government PAC (2000) FEC v. Colorado Republican Federal Campaign Committee (2001) Republican Party of Minnesota v. White (2002) McConnell v. FEC (2003) FEC v. Beaumont (2003) Randall v. Sorrell (2006) FEC v. Wisconsin Right to Life, Inc. (2007) Davis v. FEC (2008) Citizens United v. FEC (2010) McComish v. Bennett (2011) American Tradition Partnership v. Bullock (2012) McCutcheon v. Federal Election Commission (2014) Williams-Yulee v. The Florida Bar (2015)

Freedom of the press

Prior restraints and censorship	Near v. Minnesota (1931) Lovell v. City of Griffin (1938) Hannegan v. Esquire (1946) New York Times Co. v. United States (1971) Miami Herald Publishing Co. v. Tornillo (1974) Nebraska Press Assn. v. Stuart (1976) Tory v. Cochran (2005)

Privacy	Time, Inc. v. Hill (1967) Cox Broadcasting Corp. v. Cohn (1975) Florida Star v. B. J. F. (1989)

Taxation and privileges	Grosjean v. American Press Co. (1936) Branzburg v. Hayes (1972) Minneapolis Star Tribune Company v. Commissioner (1983)

Defamation	Beauharnais v. Illinois (1952) New York Times Co. v. Sullivan (1964) Curtis Publishing Co. v. Butts (1967) Gertz v. Robert Welch, Inc. (1974) Time, Inc. v. Firestone (1976) Bose Corp. v. Consumers Union of United States, Inc. (1984) Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. (1985) McDonald v. Smith (1985) Hustler Magazine v. Falwell (1988) Harte-Hanks Communications v. Connaughton (1989) Milkovich v. Lorain Journal Co. (1990) Obsidian Finance Group, LLC v. Cox (9th Cir., 2014)

Broadcast media	Red Lion Broadcasting Co. v. FCC (1969) FCC v. Pacifica Foundation (1978) Turner Broadcasting v. FCC (1994) Bartnicki v. Vopper (2001)

Freedom of association

Joint Anti-Fascist Refugee Committee v. McGrath (1951) Watkins v. United States (1957) NAACP v. Alabama (1958) Baggett v. Bullitt (1964) In re Primus (1978) Roberts v. United States Jaycees (1984) Hurley v. Irish-American Gay, Lesbian, & Bisexual Group of Boston (1995) Boy Scouts of America v. Dale (2000)

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