Cole v. Richardson
405 U.S. 676 · Decided April 18, 1972 · Supreme Court of the United States
At a glance
Cole v. Richardson was decided on April 18, 1972 by a vote of 4–3. The Court reversed the lower court's decision and remanded the case. Chief Justice Warren E. Burger wrote the opinion of the Court. SCDB classifies its main issue as “Loyalty oath, government employees” in the First Amendment area.
Read the opinion
Case details
- Citations
- 405 U.S. 676 · 92 S. Ct. 1332 · 31 L. Ed. 2d 593 · 1972 U.S. LEXIS 68
- Docket number
- 70-14
- Decided
- April 18, 1972
- Argued
- November 16, 1971
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 4–3
- Majority opinion
- Warren E. Burger
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Appeal
- Issue (SCDB)
- Loyalty oath, government employees
- Issue area
- First Amendment
- Legal provision
- First Amendment (speech, press, and assembly)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William O. Douglas | Dissent | Wrote an opinion |
| Justice William J. Brennan Jr. | Dissent | |
| Justice Potter Stewart | Concurrence | Co-authored an opinion |
| Justice Byron R. White | Concurrence | Co-authored an opinion |
| Justice Thurgood Marshall | Dissent | Wrote an opinion |
| Chief Justice Warren E. Burger | Majority | Wrote an opinion |
| Justice Harry A. Blackmun | Majority |
Did not participate: Lewis F. Powell Jr., William H. Rehnquist.
Full case caption
Cole, State Hospital Superintendent, et al. v. Richardson
SCDB identifiers: case 1971-089, docket 1971-089-01.
Related decisions
Other cases on “Loyalty oath, government employees”
- Cole v. Richardson
- Whitehill v. ElkinsLaw held unconstitutional
- Elfbrandt v. RussellLaw held unconstitutional
- Baggett v. BullittLaw held unconstitutional
- Nostrand v. Little
- Garner v. Board of Public Works of Los Angeles
Cases on the same legal provision: First Amendment (speech, press, and assembly)
- Gooding v. WilsonLaw held unconstitutional
- Colten v. Kentucky
- Flower v. United States
- Lloyd Corp., Ltd. v. Tanner
- Kois v. Wisconsin
- Branzburg v. Hayes
Same Term, same area (First Amendment)
- Parisi v. Davidson
- Rabe v. Washington
- Cruz v. Beto
- Fein v. Selective Service System Local Board No. 7 of Yonkers
- Gooding v. WilsonLaw held unconstitutional
- Wisconsin v. YoderLaw held unconstitutional
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error