Bond v. Floyd
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OR:

''Bond v. Floyd'', 385 U.S. 116 (1966), was a
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case.


Background

Julian Bond Horace Julian Bond (January 14, 1940 – August 15, 2015) was an American social activist, leader of the civil rights movement, politician, professor, and writer. While he was a student at Morehouse College in Atlanta, Georgia, during the e ...
, an African American, was elected to the
Georgia House of Representatives The Georgia House of Representatives is the lower house of the Georgia General Assembly (the state legislature) of the U.S. state of Georgia. There are currently 180 elected members. Republicans have had a majority in the chamber since 2005 ...
in June 1965. Bond was a member of the
Student Nonviolent Coordinating Committee The Student Nonviolent Coordinating Committee (SNCC, often pronounced ) was the principal channel of student commitment in the United States to the civil rights movement during the 1960s. Emerging in 1960 from the student-led sit-ins at segreg ...
(SNCC), which opposed the
Vietnam War The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
. 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 Pacifism is the opposition or resistance to war, militarism (including conscription and mandatory military service) or violence. Pacifists generally reject theories of Just War. The word ''pacifism'' was coined by the French peace campai ...
, 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 Draft-card burning was a symbol of protest performed by thousands of young men in the United States and Australia in the 1960s and early 1970s. The first draft-card burners were American men taking part in the opposition to United States involvem ...
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

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

* * {{US1stAmendment, speech 1966 in United States case law American Civil Liberties Union litigation United States Supreme Court cases United States Supreme Court cases of the Warren Court