Gerende v. Board of Sup Rs of Elections of Baltimore City
| Decision Date | 12 April 1951 |
| Docket Number | No. 577,577 |
| Citation | 95 L.Ed. 745,341 U.S. 56,71 S.Ct. 565 |
| Parties | GERENDE v. BOARD OF SUP'RS OF ELECTIONS OF BALTIMORE CITY |
| Court | U.S. Supreme Court |
See 341 U.S. 923, 71 S.Ct. 741.
Messrs. William H. Murphy, I. Duke Avnet, Baltimore, Md., for appellant.
Messrs. Hall Hammond, J. Edgar Harvey, Baltimore, Md., for appellee.
This is an appeal from a decision of the Court of Appeals of the State of Maryland the effect of which is to deny the appellant a place on the ballot for a municipal election in the City of Baltimore on the ground that she has refused to file an affidavit required by state law. Md. Laws 1949, c. 86, § 15, 78 A.2d 660. The scope of the State law was passed on in Shub v. Simpson, Md., 76 A.2d 332. We read this decision to hold that to obtain a place on a Maryland ballot a candidate need only make oath that he is not a person who is engaged 'in one way or another in the attempt to overthrow the government by force or violence,' and that he is not knowingly a member of an organization engaged in such an attempt. 76 A.2d at 338. At the bar of this Court the Attorney General of the State of Maryland declared that he would advise the proper authorities to accept an affidavit in these terms as satisfying in full the statutory requirement. Under these circumstances and with this understanding, the judgment of the Maryland Court of Appeals is affirmed.
Affirmed.
To continue reading
Request your trial
-
First Unitarian Church of Los Angeles v. Los Angeles County
...Los Angeles v. Wilkinson, 125 Cal.App.2d 100, 270 P.2d 82), and candidates for public offices (Gerende v. Board of Sup'rs of Elections of Baltimore City, 341 U.S. 56, 71 S.Ct. 565, 95 L.Ed. 745; Shub v. Simpson, 196 Md. 177, 76 A.2d 332). The right to a bounty or other benefits from the sta......
-
Coe v. Davidson
...it referred to 'the attempt' rather than 'any attempt' to overthrow the government by force or violence. (Gerende v. Election Board (1951) 341 U.S. 56, 71 S.Ct. 565, 95 L.Ed. 745.) Subsequently, in Speiser v. Randall (1958) 357 U.S. 513, 527, 78 S.Ct. 1332, 2 L.Ed.2d 1460, the court disting......
-
Vogel v. Los Angeles County
...by establishing an employment qualification of loyalty to the State and the United States. Cf. Gerende v. Board of Supervisors of Elections, 1951, 341 U.S. 56, 71 S.Ct. 565 (95 L.Ed. 745). Likewise, as a regulation of political activity of municipal employees, the amendment was reasonably d......
-
Aptheker v. Secretary of State
...an oath that they were not engaged in any attempt to overthrow the Government by force and violence, Gerende v. Board of Supervisors, 341 U.S. 56, 71 S.Ct. 565, 95 L.Ed. 745 (1951); Los Angeles was allowed to require all employees to take a non-Communist oath on penalty of discharge, Garner......
-
The Supreme Court and political speech in the 21st century: the implications of Holder v. Humanitarian Law Project.
...or she was not "knowingly" a member of an organization attempting to overthrow the government. Gerende v. Bd. of Supervisors of Elections, 341 U.S. 56, 57 (1951) (per (50) See Garner, 341 U.S. at 723. (51) E.g., Adler v. Bd. of Educ., 342 U.S. 485, 486 nn.3-4 (1952) (explaining an unsuccess......
-
The Fiction of the First Freedom
...v. Walling, 327 U.S. 186 (1946). 6 United Public Workers v. Mitchell, 330 U.S. 75 (1947). 7 Getende v. Board of Supervisors of Elections, 341 U.S. 56 (1951); Garner v. Board of Public Works, 341 U.S. 716 (1951); Wieman v. Updegraff, 73 S. Ct. 215 (1953). 8 Re Jackson, 96 U.S. 727 (1878); Re......
-
The Supreme Court of the United States, 1963-1964
...when in 1951 it had no such trouble with the identicallanguage presented by another oath in Gerende v. Board of Supervisors of Elections,341 U.S. 56.... It is unfortunate that Gerende is overruled so quickly.... Suchaction cannot command the dignity and respect due to the judicial process........