Loyalty oath
The examples and perspective in this article deal primarily with the United States and Israel and do not represent a worldwide view of the subject. (February 2024) |
A loyalty oath is a pledge of allegiance to an
In the United States
Civil War and Reconstruction
During the
1930s to 1950s
In support of Roosevelt's National Recovery Administration, 100,000 school children marched to Boston Common and swore a loyalty oath administered by the mayor, "I promise as a good American citizen to do my part for the NRA. I will buy only where the Blue Eagle flies."
Loyalty oaths were common during World War II.
Another use of loyalty oaths in the
, outright violence, or speech.Executive Order 9835 "Loyalty Order" (1947)
On March 21, 1947, concerned with Soviet subversive penetration and infiltration into the United States government by American citizens who held oaths of allegiance to a foreign power during wartime, President
The University of California loyalty oath (1950)
The
Garner v. Board of Public Works (1951)
Typically, a loyalty oath has wording similar to that mentioned in the U.S Supreme Court decision of Garner v. Board of Public Works:[8]
I further swear (or affirm) that I do not advise, advocate or teach, and have not within the period beginning five (5) years prior to the effective date of the ordinance requiring the making of this oath or affirmation, advised, advocated or taught, the overthrow by force, violence or other unlawful means, of the Government of the United States of America or of the State of California and that I am not now and have not, within said period, been or become a member of or affiliated with any group, society, association, organization or party which advises, advocates or teaches, or has, within said period, advised, advocated or taught, the overthrow by force, violence or other unlawful means of the Government of the United States of America, or of the State of California. I further swear (or affirm) that I will not, while I am in the service of the City of Los Angeles, advise, advocate or teach, or be or become a member of or affiliated with any group, association, society, organization or party which advises, advocates or teaches, or has within said period, advised, advocated or taught, the overthrow by force, violence or other unlawful means, of the Government of the United States of America or of the State of California . . . .
Speiser v. Randall (1958)
In Speiser v. Randall,[9] the U.S. Supreme Court addressed the State of California's loyalty oath, as required by a California law enacted in 1954, as a condition of exemption from property tax. In applying for property tax exemption as a veteran of World War II, ACLU lawyer Lawrence Speiser had refused to sign the loyalty oath. The court ruled that because the state required the claimant to show they are not advocating state overthrow and hence are not criminals within the applicable laws, the loyalty oath requirement to obtain the tax exemption is unconstitutional. The burden of proof for a criminal action rest on the state and not on the individual private citizen.[10]
1960s
The oaths were repeatedly challenged on grounds that they violated the principles of freedom of speech and freedom of association. The
New York Education Law Section 3002 requires that any "teacher, instructor or professor in any [state] school or institution in the public school system ... or in any school, college, university or other educational institution" sign an oath pledging support for the federal and state constitutions. The law does not apply to foreign nationals, but only to United States citizens.[12] The law was enacted in 1934 in response to a nationwide campaign by the American Legion.[13] The law was challenged by a group of 27 faculty members from Adelphi University in 1966 because the oath constrained free speech, and because it selectively applied to faculty members but not staff. For unknown reasons, Adelphi faculty had never been required to sign the oath until 1966 when a staff member in the New York State Education Department discovered the oversight.[13] On January 22, 1968, after moving through the judicial system, the United States Supreme Court affirmed an earlier District Court decision upholding the constitutionality of the law.[14] This was the first occasion on which the Supreme Court evaluated the constitutionality of oaths of this type.
1970s–1990s
Last major loyalty oath case (1972)
The last major loyalty oath case heard by the court was decided in 1972, when it upheld a requirement that State of Massachusetts employees swear to uphold and defend the Constitution and to "oppose the overthrow of the [government] by force, violence, or by any illegal or unconstitutional method".[15]
During a case in 1972, Cole v. Richardson, the court declared four requirements needed for an oath to clear First Amendment muster:[16]
- It cannot go against the First or Fourteenth Amendment rights.
- The oath cannot keep an employee from participating in protected public speaking.
- Freedom of association cannot be used in oath as protected by the Constitution.
- The oath should be direct and clear, so no question comes to what is meant.
2000s
2004 Bush presidential campaign
During the 2004 presidential campaign, the campaign of George W. Bush sometimes required all attendants at its rallies to take an oath. Those who refused to take the oath were not allowed to attend the rally. The "loyalty oath" was actually a pledge of endorsement. These endorsements were used during some of the campaign rallies in 2004. The Bush campaign asserted that the oath was valid because the president was conducting a partisan campaign event. Opponents countered that the oath was intrusive to individual conscience and denied general public access to the president.[17]
California
The
The text of that oath begins: "STATE OATH OF ALLEGIANCE I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter."
Arizona
Arizona requires all employees of the state, its counties and localities to sign an oath of loyalty to the country and the state. The oath requirement predates statehood; it was successfully challenged in the 1960s over wording banning Communist Party membership and was rewritten in 2003.[21]
Ohio
In the March 2008 State of Ohio presidential primary, some people might have been required to sign a loyalty oath in order to vote. Voters who wish to switch their party affiliation on Primary Election Day and who are challenged are supposed to sign a statement "stating that the person desires to be affiliated with and supports the principles of the political party whose ballot the person desires to vote."[22] The statement is signed under penalty of "election falsification." If the challenged person refuses to sign the statement under penalty of election falsification, he is given a provisional ballot.[23]
The Cleveland Plain Dealer, among others, thus describes the nature of the statement and effect of "election falsification": Anyone who signs this loyalty oath, but does not intend to honor it, can be prosecuted for "election falsification", a fifth-degree felony.[24]
The statute, however, describes the offense differently: "No person, either orally or in writing, on oath lawfully administered or in a statement made under penalty of election falsification, shall knowingly state a falsehood as to a material matter relating to an election in a proceeding before a court, tribunal, or election official, or in a matter in relation to which an oath or statement under penalty of election falsification is authorized by law..."[25] Thus the requirement is, arguably, more a statement of current intent than a loyalty oath's promise of future support.
Washington
Efforts to repeal the Washington's anti-communist loyalty oath legislation failed in 2013.[26]
2010s
2016 Trump presidential campaign
During the 2016 Republican Party presidential primaries, the campaign of Donald Trump sometimes required all attendants at its rallies to take an oath. Fellow candidate Ted Cruz likened it pledging to a King.[27][28][29][30][31]
Israel
Israeli politician Avigdor Lieberman proposed in 2009 that Israeli citizens should be required to sign a loyalty oath, vowing allegiance to Israel as a Jewish, democratic state, to accept its symbols, flag and anthem, and to commit to military service or some alternative service. Those who refused would lose their citizenship and right to vote.[32] In the Jewish Week, Lieberman justified his "no loyalty – no citizenship" by stating that he had heard "Israeli Arab leaders" calling for "the destruction of the State of Israel" and suicide bombings at pro-Hamas rallies.[33]
Lieberman compared his "responsible citizenship" platform with the U.S. naturalization process: "In the U.S., those requesting a
On 10 October 2010 the Israeli cabinet approved a loyalty oath bill changing oath of citizenship for non-Jews from "I declare that I will be a loyal national of the State of Israel" to "I swear that I will be a loyal citizen to the state of Israel, as a Jewish and democratic state, and will uphold its laws" (no oath is required of Jews seeking citizenship).[35] Far-right Knesset member Michael Ben-Ari felt that the vote vindicated Meir Kahane:[35]
Twenty years have passed since the assassination of Rabbi Kahane, and today Likud admits he was right. It's a refreshing change to see the Likud government, which persecuted the rabbi over his call to have Arabs sign a loyalty oath, admit today that what Kahane said 20 years ago was correct.
However, on October 18, prime minister
See also
- Bushido
- Chinese Communist Party Admission Oath
- Communist Party USA
- Oath of allegiance
- Oath of office
- Pledge of Allegiance (United States)
- Sedition Act of 1918
- Smith Act
US Supreme Court cases involving loyalty oaths
- American Communications Assn. v. Douds, 339 U.S. 382 (1950)
- Gerende v. Board of Supervisors, 341 U.S. 56 (1951)
- Garner v. Board of Public Works, 341 U.S. 716 (1951)
- Speiser v. Randall, 357 U.S. 513 (1958)
- Cole v. Richardson, 405 U.S. 676 (1972)
References
- ^ Jayson, Seth (October 3, 2007). "Countrywide's Misguided Pride". The Motley Fool. Retrieved September 12, 2013.
- ^ Kagan, R. (October 3, 2007). "'Protect Our House' Wristband Campaign Shows the Worst of Corporate America". BestCashCow.com. Archived from the original on October 13, 2007.
- ^ "Loyalty Oaths". www.u-s-history.com. Retrieved May 18, 2023.
- ^ Copy of original document, via Ancestry.com
- ISBN 9781365657177– via Google Books.
- ^ "Introduction". bancroft.berkeley.edu.
- ^ "Timeline: Summary of events of the Loyalty Oath Controversy 1949-54". www.lib.berkeley.edu.
- ^ Garner v. Board of Public Works, 341 U.S. 716 (1951)
- ^ Speiser v. Randall, 357 U.S. 513 (1958)
- ^ "SPEISER v. RANDALL, 357 U.S. 513 (1958)". Caselaw.lp.findlaw.com. Retrieved September 12, 2013.
- ^ This is a link to the argument from Oyes Cramp v. Bd. Of Public Instruction - Oral Argument
- ^ "New York Education Law Section 3002". Law.onecle.com. March 5, 2013. Retrieved September 12, 2013.
- ^ New York Times, November 30, 1966, pg. 27.
- New York Times, January 23, 1968, pg. 21.
- ISBN 978-0-520-21280-0.
- ^ Haydel, Judith. "Loyalty Oaths". www.mtsu.edu. Retrieved May 18, 2023.
- ^ "Milbank, Dana". Washingtonpost.com. August 1, 2004. Retrieved September 12, 2013.
- ^ California Constitution, Article XX Archived 2014-10-09 at the Wayback Machine, Section 3
- ^ Quaker teacher fired for changing loyalty oath, San Francisco Chronicle, February 29, 2008
- ^ Pacifist Cal State teacher gets job back, San Francisco Chronicle, March 8, 2008
- ^ Resnik, Brahm (September 29, 2015). "Phoenix College instructor quits over loyalty oath". KPNX.
- ^ "Ohio Revised Code 3513.19 Challenges at primary elections". Codes.ohio.gov. Retrieved September 12, 2013.
- ^ "Ohio Revised Code 3513.20 Effect of challenge to voter at primary". Codes.ohio.gov. October 20, 1981. Retrieved September 12, 2013.
- ^ "Parties shouldn't require loyalty oaths at the polls". The Plain Dealer. March 11, 2008. Archived from the original on June 7, 2011. Retrieved March 25, 2008.
- ^ "Ohio Revised Code 3599.36 Election falsification". Codes.ohio.gov. Retrieved September 12, 2013.
- ^ Kaminsky, Jonathan (February 23, 2013). "State's anti-communist oath persists despite court ruling". The Seattle Times. Retrieved August 4, 2021.
- ^ Gass, Nick (March 8, 2016). "Trump defends loyalty oaths: 'We're having such a great time'". POLITICO. Retrieved October 20, 2023.
- ^ "Donald Trump: Can I have a pledge? Raise your hand". www.aljazeera.com. Retrieved October 20, 2023.
- ^ Tani, Maxwell. "'Raise your right hand': Striking photo shows Donald Trump leading massive rally in pledge to vote for him". Business Insider. Retrieved October 20, 2023.
- ^ "Cruz Likens Trump Loyalty Oath to Pledging to a King". NBC News. March 9, 2016. Retrieved October 20, 2023.
- ^ Trump: "Ridiculous" to compare voter pledge to Nazi salute | CNN, March 8, 2016, retrieved October 20, 2023
- ^ a b "A Hard-Liner Gains Ground In Israeli Race". The New York Times. February 9, 2009. Retrieved October 25, 2020.
- ^ Benhorin, Yitzhak (February 26, 2009). "Lieberman: I back creation of Palestinian state". Ynetnews. Retrieved March 4, 2009.
- ^ "Lieberman: I support creation of viable Palestinian state". Haaretz. February 27, 2009. Retrieved March 4, 2009.
- ^ a b Somfalvi, Attila (June 20, 1995). "Government approves loyalty oath bill - Israel News, Ynetnews". Ynetnews. Ynetnews.com. Retrieved September 12, 2013.
- ^ Chaim Levinson and Jonathan Lis (October 18, 2010). "Netanyahu wants loyalty oath bill to include Jews as well". Ha'aretz.
- ^ "ADL Calls on Israeli Government to Extend Amendment to All Immigrants Seeking Citizenship". Anti-Defamation League. October 11, 2010. Archived from the original on October 14, 2010.
- ^ "Bill to amend the Citizenship Law imposing loyalty oath for persons seeking naturalization in". Adalah. October 7, 2010. Retrieved October 25, 2020.