Desert Sun, Volume 41, Number 120, 22 December 1967 — Loyalty Oath Invalid [ARTICLE]

Loyalty Oath Invalid

: SAN FRANCISCO (UPI) - The California Supreme Court has struck down the state loyjalty oath in a 6-1 decision. I The high court ruled Thursday that a lower court was correct when it invalidated the oath required of all public employes by a section of the state constitution. After being adopted in 1952 by a 2-1 vote at the general election.

The suit was brought by Robert S. Vogel, Los Angeles taxpayer, against the county of Los Angeles and others to keep them from expending public funds for administering the oath. The disputed section requires a prospective employe to declare he is not a member of any organization advocating the overthrow of the U.S. government “by force or violence or

jother unlawful means.” Justice Raymond E. Peters said in the 13 - page majority opinion that two recent U.S. Supreme Court decisions “control this case.” The oath is invalid “because it bars persons from public employment for a type of association that may not be proscribed consistently with First amendment rights.” according to the court.