Elfbrandt v. Russell

384 U.S. 11 (1966)

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Nature of the Case

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Facts

The state legislature of Arizona put a gloss on the oath in this case by subjecting to a prosecution for perjury and for discharge from public office anyone who took the oath and who knowingly became or remained a member of a subversive organization (Communist Party). Elfbrandt (P), a teacher and a Quaker, decided she could not in good conscience take the oath, not knowing what it meant and not having any chance to get a hearing at which its precise scope and meaning could be determined. This suit for declaratory relief followed.