Wieman v. Updegraff

Wieman v. Updegraff
Supreme Court of the United States
Argued October 16, 1952 Decided December 15, 1952
Full case name	Wieman et al. v. Updegraff et al.
Citations	344 U.S. 183 (more) 73 S.Ct. 215; 97 L. Ed. 216; 1952 U.S. LEXIS 1430
Case history
Prior	On appeal from the Supreme Court of Oklahoma
Holding
Oklahoma loyalty oath legislation violated the due process clause of the Fourteenth Amendment to the United States Constitution
Court membership
Chief Justice Fred M. Vinson Associate Justices Hugo Black · Stanley F. Reed Felix Frankfurter · William O. Douglas Robert H. Jackson · Harold H. Burton Tom C. Clark · Sherman Minton
Case opinions
Majority	Clark, joined by Vinson, Black, Reed, Frankfurter, Douglas, Minton
Concurrence	Black, joined by Douglas
Concurrence	Frankfurter, joined by Douglas
Concurrence	Burton
Jackson took no part in the consideration or decision of the case.

Wieman v. Updegraff, 344 U.S. 183 (1952), is a unanimous ruling by the United States Supreme Court which held that Oklahoma loyalty oath legislation violated the due process clause of the Fourteenth Amendment to the United States Constitution because it did not give individuals the opportunity to abjure membership in subversive organizations. Due process requires that individuals have scienter (knowledge that their membership or support violates the loyalty oath), and the Oklahoma statute did not accommodate this requirement.