Communist Party of Indiana v. Whitcomb

Communist Party of Indiana v. Whitcomb
Argued October 16, 1973
Decided January 9, 1974
Full case nameCommunist Party of Indiana v. Whitcomb
Citations414 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
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinions
MajorityBrennan, joined by Douglas, Stewart, White, Marshall
ConcurrencePowell, 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.