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loyalty oath is an oath of loyalty to the organization, institution, or state to which an individual is a member.
A loyalty oath, in this context, is not a pledge or Oath of allegiance. It is an affirmation or similar legal document in which the person signs a legally binding document or warrant.
The most prominent use of loyalty oaths in the United States was during the decades of 1950 and 1960. The Red Scare during the 1950's with the McCarthyism period in which Congressional hearings of Senator Joseph McCarthy helped to sustain a national mood of concern about communist agents and a fear such agents may injure the U.S. government through espionage or outright violence.
Usually, a loyalty oath to an organization or to a nation state is created during a time of social tension during which people wish to guard against particular behaviors such as advocating fundamental changes in the organization, advocating violent overthrow of the nation state or spreading disent and disgruntlement within the organization. Such social tension is most manifest during times of war or when the organization or nation state is faced with a conflict with one or more other organizations or nation states (see Cold War).
Typically, a loyalty oath will have wording something along the following which is taken from the U.S Supreme Court decision of Garner v. Los Angeles Board, 341 U.S. 716.
- "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 . . . ."
The U.S Supreme Court has both upheld the use of loyalty oaths and reversed lower court decisions in which loyalty oath requirements were upheld.
See also:
See the following cases in which loyalty oaths were held unconstituional:
See the following cases in which loyalty oaths were upheld:
- Garner v. Board of Public Works, 341 U.S. 716
- Gerende v. Board of Supervisors, 341 U.S. 56
- American Communications Association v. Douds, 339 U.S. 382
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