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Dissenting Opinion
Frankfurter
Linked case(s):

231 Ark. 641
174 F. Supp. 351
364 U.S. 479

United States Supreme Court

364 U.S. 479

Shelton et al.  v.  Tucker et al.

Appeal from the United States District Court for the Eastern District of Arkansas

No. 14.  Argued: November 7, 1960. --- Decided: December 12, 1960.[1]

An Arkansas statute requires every teacher, as a condition of employment in a state-supported school or college, to file annually an affidavit listing without limitation every organization to which he has belonged or regularly contributed within the preceding five years. Teachers in state-supported schools and colleges are not covered by a civil service system, they are hired on a year-to-year basis, and they have no job security beyond the end of each school year. The contracts of the teachers here involved were not renewed, because they refused to file the required affidavits. Held: The statute is invalid, because it deprives teachers of their right of associational freedom protected by the Due Process Clause of the Fourteenth Amendment from invasion by state action. Pp. 480–490.
(a) There can be no doubt of the right of a State to investigate the competence and fitness of those whom it hires to teach in its schools. P. 485.
(b) To compel a teacher to disclose his every associational tie is to impair his right of free association, a right closely allied to freedom of speech and a right which, like free speech, lies at the foundation of a free society. Pp. 485–487.
(c) The unlimited and indiscriminate sweep of the statute here involved and its comprehensive interference with associational freedom go far beyond what might be justified in tie exercise of the State's legitimate inquiry into the fitness and competence of its teachers. Pp. 487–490.

174 F. Supp. 351 and 231 Ark. 641, 331 S.W.2d 701, reversed.

Robert L. Carter argued the cause for appellants in No. 14. With him on the brief were Thad D. Williams, Harold B. Anderson and George Howard, Jr.

[p480] Herschel H. Friday, Jr. and Louis L. Ramsay, Jr. argued the cause for appellees in No. 14. With them on the brief were E. Harley Cox and Robert V. Light.

Edwin E. Dunaway argued the cause and filed a brief for petitioners in No. 83.

Robert V. Light and Herschel H. Friday, Jr. argued the cause for respondents in No. 83. With them on the briefs were Bruce Bennett, Attorney General of Arkansas, and Thorp Thomas, Assistant Attorney General.

MR. JUSTICE STEWART delivered the opinion of the Court.

 

 
  1. Together with No. 83, Carr et al. v. Young et al., on certiorari, to the Supreme Court of Arkansas.
     

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).