Communist Party of Indiana v. Whitcomb

414 U.S. 441 · Decided January 9, 1974 · Supreme Court of the United States

At a glance

Communist Party of Indiana v. Whitcomb was decided on January 9, 1974 unanimously (9–0). The Court reversed the lower court's decision. Justice William J. Brennan Jr. wrote the opinion of the Court. SCDB classifies its main issue as “Loyalty oath, political party” in the First Amendment area. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.

Read the opinion

• CourtListener (Free Law Project) — opinion text
• Library of Congress — official U.S. Reports scan

Case details

How the Justices voted

Full case caption

Communist Party of Indiana et al. v. Whitcomb, Governor of Indiana, et al.

SCDB identifiers: case 1973-033, docket 1973-033-01.

Related decisions

Other cases on “Loyalty oath, political party”

• Socialist Labor Party v. Gilligan
  406 U.S. 583Decided May 30, 19726–3William H. Rehnquist
• Gerende v. Board of Supervisors of Elections of Baltimore
  341 U.S. 56Decided April 12, 19519–0Per curiam

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Cases on the same legal provision: First Amendment (speech, press, and assembly)

• Lewis v. City of New OrleansLaw held unconstitutional
  415 U.S. 130Decided February 20, 19746–3William J. Brennan Jr.
• Hess v. Indiana
  414 U.S. 105Decided November 19, 19736–3Per curiam
• Norwell v. City of Cincinnati
  414 U.S. 14Decided November 5, 19739–0Per curiam
• Plummer v. City of ColumbusLaw held unconstitutional
  414 U.S. 2Decided October 15, 19735–4Per curiam
• Procunier v. MartinezLaw held unconstitutional
  416 U.S. 396Decided April 29, 19749–0Lewis F. Powell Jr.
• Pell v. Procunier
  417 U.S. 817Decided June 24, 19745–4Potter Stewart

Same Term, same area (First Amendment)

• Plummer v. City of ColumbusLaw held unconstitutional
  414 U.S. 2Decided October 15, 19735–4Per curiam
• Norwell v. City of Cincinnati
  414 U.S. 14Decided November 5, 19739–0Per curiam
• Musser v. United States
  414 U.S. 31Decided November 12, 19736–3Per curiam
• Hess v. Indiana
  414 U.S. 105Decided November 19, 19736–3Per curiam
• Lewis v. City of New OrleansLaw held unconstitutional
  415 U.S. 130Decided February 20, 19746–3William J. Brennan Jr.
• Smith v. GoguenLaw held unconstitutional
  415 U.S. 566Decided March 25, 19746–3Lewis F. Powell Jr.

See all

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