Bond v. Floyd

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Bond v. Floyd
Seal of the United States Supreme Court.svg
Argued November 10, 1966
Decided December 5, 1966
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
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
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[edit]

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[edit]

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 all oath requirement 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[edit]

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