Contents

Bond v. Floyd

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	385 U.S. 116 (more) 87 S. Ct. 339; 17 L. Ed. 2d 235; 1966 U.S. LEXIS75
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 opinion
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 his election, during a news interview, Bond endorsed SNCC's views, stating that he did not support the war, and that, 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 United States District Court for the Northern District of Georgia upheld the House, with a three-judge panel concluding 2–1 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. Judges Lewis Render Morgan and Griffin Bell ruled against Bond, while Elbert Tuttle dissented.

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

• Works related to Bond v. Floyd at Wikisource
• Text of Bond v. Floyd, 385 U.S. 116 (1966) is available from: Google Scholar  Justia  Library of Congress  Oyez (oral argument audio)