Cramp v. Board of Public Instruction of Orange County, 30598

• Decision Date: 14 February 1962
• Docket Number: No. 30598,30598
• Citation: 137 So.2d 828
• Parties: David Walton CRAMP, Jr., Appellant, v. The BOARD OF PUBLIC INSTRUCTION OF ORANGE COUNTY, Florida, Appellee.
• Court: Florida Supreme Court

Page 828

137 So.2d 828

David Walton CRAMP, Jr., Appellant, v. The BOARD OF PUBLIC INSTRUCTION OF ORANGE COUNTY, Florida, Appellee.

No. 30598.

Supreme Court of Florida.

Feb. 14, 1962.

Tobias Simon & Howard Dixon, Miami, for appellant.

J. R. Wells, of Maguire, Voorhis & Wells, Orlando, for appellee.

THORNAL, Justice.

This matter recurs for our consideration pursuant to the mandate and decision of the Supreme Court of the United States concluding that the cause is '* * * remanded to the Supreme Court of the State of Florida for proceedings not inconsistent with the opinion * * *' of the United States Court.

We have before us motions of both parties for the entry of a judgment pursuant to the aforesaid mandate

By its opinion in Cramp v. Board of Public Instruction, 368 U.S. 278, 80 S.Ct. 275, 7 L.Ed.2d 285, the Supreme Court of the United States, hereafter referred to as the Supreme Court, reversed the decision of this Court in Cramp v. Board of Public Instruction, Fla.1960, 125 So.2d 554. Our current problem requires an analysis of the decision of the Supreme Court in order to determine whether that Court has completely nullified the requirements of Section 876.05, Florida Statutes, F.S.A. We must in the alternative determine whether the Supreme Court has held invalid merely a portion of the subject statute. Finally, we must decide whether the remainder of the so-called Florida loyalty oath can properly remain in effect with the elimination of any constitutionally objectionable language.

We have concluded that the only portion of the subject oath which was condemned by the decision of the Supreme Court is that clause which reads:

'* * * that I have not [lent] and will not lend my aid, support, advice, counsel or influence to the Communist Party; * * *.'

This language was expressly held to be unconstitutionally vague and unsusceptible of objective measurement. The entire opinion of the Supreme Court dealt exclusively with this one clause. In no other respect was the oath held invalid. In no particular did the Supreme Court announce any rule of decision which would have the effect of declaring invalid the entire oath. We construe that decision as a mandate to eliminate from the Florida loyalty oath the particular language which we have quoted and which was held to be without constitutional support because of the vice of vagueness implicit in the words 'aid', or 'support' or 'advice' or 'counsel' or 'influence'. As we read the decision with its supporting mandate it becomes our duty to eliminate the objectionable language from the loyalty oath prescribed by Section 876.05, Florida Statutes, F.S.A. This we do herewith. Incidentally, the language which was stricken as vague would apply to future as well as past conduct.

Finding as we do that the Supreme Court has not condemned the entire Florida loyalty oath, but on the contrary has merely found invalid the particular language which we have quoted, we proceed to consider whether the remainder of the oath can stand with the objectionable language stricken.

We feel justified in interpolating the observation that we ourselves expressed concern over the isolated clause in question by our opinion in Cramp v. Board of Public Instruction, supra, 125 So.2d at 559. The principal difference between our view and that of the Supreme Court evolved around the question of Cramp's standing to assault the validity of the statute. This question has, of course, been laid at rest by the decision of the Supreme Court.

The rule is well established that the unconstitutionality of a portion of a statute will not necessarily condemn the entire act. When a part of a statute is declared unconstitutional the remainder of the act will be permitted to stand provided: (1) the unconstitutional provisions can be separated from the remaining valid provisions, (2) the legislative purpose expressed in the valid provisions can be accomplished independently of those which are void, (3) the good and the bad features are not so inseparable in substance that it can be said that the Legislature would have passed the one without the other and, (4) an act complete in itself remains after the invalid provisions are stricken. Harris v. Bryan, Fla.1956, 89 So.2d 601; Kass v. Lewin, Fla.1958, 104 So.2d 572; State ex rel. Limpus v. Newell, Fla.1956, 85 So.2d 124; Liggitt Co. v. Lee, 109 Fla. 477, 147 So. 463, 149 So. 8. An application of this rule leads us to consider whether the objectionable language in the loyalty oath can be eliminated without thereby destroying the remainder of the oath. We hold that it can be.

The obvious legislative purpose in enacting the subject statute was to prevent the election or employment...