# Connell v. Higginbotham

> District Court, M.D. Florida · October 30, 1969 · 305 F. Supp. 445

URL: https://www.frixlaw.com/law-library/cases/9743913

## Case

- **Full name:** Stella CONNELL, Individually, and on Behalf of All Persons Similarly Situated, Plaintiff, v. James M. HIGGINBOTHAM, Superintendent of the Orange County Board of Public Instruction; Louise Breeze, Chairman of the Orange County Board of Public Instruction; And Lowell Clements, Raymond H. Bassett, William D. LaRue, Harley Thompkins, Mrs. Lee K. Davies and Stewart M. Schaffer, Defendants. Floyd T. Christian, Commissioner of Education, State of Florida, Intervenor
- **Court:** District Court, M.D. Florida
- **Decided:** October 30, 1969
- **Citations:** 305 F. Supp. 445; 1969 U.S. Dist. LEXIS 10046
- **Precedential status:** Published
- **Opinion:** Concurrence by Young
- **Judges:** Simpson, Young, Scott
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Modified by Connell v. Higginbotham, 403 U.S. 207 (1971).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9743913

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9743913. Public record. Not legal advice.