This article needs additional citations for verification. (February 2012) |
Communist Party of Indiana v. Whitcomb | |
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Argued October 16, 1973 Decided January 9, 1974 | |
Full case name | Communist Party of Indiana v. Whitcomb |
Citations | 414 U.S. 441 (more) 94 S. Ct. 656; 38 L. Ed. 2d 635 |
Holding | |
States may not prohibit political parties from being on the ballot, if the party merely advocates violent overthrow of government as an abstract principle. | |
Court membership | |
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Case opinions | |
Majority | Brennan, joined by Douglas, Stewart, White, Marshall |
Concurrence | Powell, joined by Burger, Blackmun, Rehnquist |
Laws applied | |
U.S. Const. amends. I, XIV |
Communist Party of Indiana v. Whitcomb, 414 U.S. 441 (1974), was a United States Supreme Court case based on the First Amendment to the U.S. Constitution that invalidated Indiana's loyalty oath requirement.