Reseña de David Walton Cramp v. Board Public Instruction Orange County

David Walton Cramp v. Board Public Instruction Orange County de Supreme Court of Florida Resumen del Libro

Appellant Cramp is a teacher in the Orange County Public School System. He has been such for approximately nine years. Recently, the appellee Board of Public Instruction discovered that appellant had never subscribed to the so-called loyalty or non-communist oath required of all public officials and employees by Section 876.05, Florida Statutes, F.S.A. He was requested to do so. Mr. Cramp complains that the requirement of this oath encroaches upon certain basic freedoms guaranteed to him by the First and Fourteenth Amendments to the Constitution of the United States, and by Sections 12, 13, and 15, of the Declaration of Rights, and Section 2, Article XVI, of the Constitution of the State of Florida, F.S.A. He filed a complaint in the Circuit Court seeking a declaratory decree defining his rights in the premises. Chapter 87, Florida Statutes, F.S.A. As an incident to the main relief he sought a temporary restraining order to prevent the defendant school board from dismissing him from employment pending ultimate determination of his rights. By the allegations of the sworn complaint, Mr. Cramp, in actuality, affirmed each and all of the statements required by Section 876.05, supra. He alleges that his refusal to subscribe to the oath is not grounded on any fear of the penalties provided by law for false oath. In other words, he does not claim any privilege against self-incrimination. He merely asserts by his complaint that the requirement of the oath as a condition precedent to public employment impinges on his freedom of association, as well as on his freedom of speech and the privilege of advocating ideas secured to him by the First Amendment to the Constitution of the United States. State action encroaching upon First Amendment freedoms is proscribed by the due process provisions of the Fourteenth Amendment.

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