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COMMUNIST PARTY OF INDIANA v. WHITCOMB

No. 72-1040.

414 U.S. 441 (1974)

COMMUNIST PARTY OF INDIANA ET AL. v. WHITCOMB, GOVERNOR OF INDIANA, ET AL.

Supreme Court of United States.

Decided January 9, 1974.

Attorney(s) appearing for the Case

Sanford Jay Rosen argued the cause for appellants. With him on the brief was Melvin L. Wulf.

Theodore L. Sendak, Attorney General of Indiana, argued the cause for appellees. With him on the brief were Darrel K. Diamond, Assistant Attorney General, and A. Frank Gleaves III, Deputy Attorney General.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

This is a loyalty oath case. The question for decision is whether the First and Fourteenth Amendments are violated by Indiana's requirement, Ind. Ann. Stat. § 29-3812 (1969), that "[n]o existing or newly-organized political party or organization shall be permitted on or to have the names of its candidates printed on the ballot used at any election until it has filed an affidavit, by its officers, under oath...

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