Facts
The State of California allowed a number of tax exemptions one of which was an exemption of property tax for veterans of World War II. Anyone desiring to claim the exemption was required to complete a standard form of application and submit the form with the local tax assessor.
In 1954, the form was revised to add a loyalty oath which the applicant must sign which stated "I do not advocate the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means, nor advocate the support of a foreign government against the United States in event of hostilities."
The appellants refused to sign the oath contending the condition of requiring the oath in order to obtain a tax exemption was unconstitutional. The assessors denied the exemption solely because the appellants had refused to execute the oath by signature. The assessors based their reasoning on Article XX, 19, of the California Constitution adopted in a general election in 1952 which includes language similar to the text of the loyalty oath.
Read more about this topic: Speiser V. Randall
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