Opinion

Connell v. Higginbotham

  • 305 F. Supp. 445
  • 1969 U.S. Dist. LEXIS 10046
Court
District Court, M.D. Florida
Filed
Oct 30, 1969
Status
Published
Author
Young
On the bench
Simpson, Young, Scott
Cited by
9 cases

Modified by Connell v. Higginbotham, 403 U.S. 207 (1971)

The opinion

GEORGE C. YOUNG, District Judge

(concurring).

I concur with Judge Scott’s excellent opinion with the following explanatory remarks. I agree without reservation to Judge Scott’s conclusion that the portion of the prescribed oath which reads, “that I do not believe in the overthrow of the Government of the United States or of the State of Florida by force or violence” is constitutional. However, I reluctantly concur in the holding that plaintiff is entitled to her salary to June 1969 and that the portions of the prescribed oath reading, “that I am not a member of the Communist Party” and “that I am not a member of any organization or party which believes in or teaches, directly or indirectly, the overthrow of the Government of the United States or of Florida by force or violence” are unconstitutional only because controlling decisions require such determinations by this Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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