Connell v. Higginbotham
403 U.S. 207 · Decided June 7, 1971 · Supreme Court of the United States
At a glance
Connell v. Higginbotham was decided on June 7, 1971 unanimously (9–0). The Court affirmed the lower court's decision in part and reversed or vacated it in part. The decision was issued per curiam (an unsigned opinion of the Court). SCDB classifies its main issue as “Loyalty oath, teachers” in the First Amendment area. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.
Read the opinion
Case details
- Citations
- 403 U.S. 207 · 91 S. Ct. 1772 · 29 L. Ed. 2d 418 · 1971 U.S. LEXIS 34
- Docket number
- 79
- Decided
- June 7, 1971
- Argued
- November 19, 1970
- Court era
- Burger Court
- Decision type
- Per curiam (orally argued)
- Disposition
- Affirmed and reversed (or vacated) in part
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 9–0 (unanimous)
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Appeal
- Issue (SCDB)
- Loyalty oath, teachers
- Issue area
- First Amendment
- Legal provision
- Fourteenth Amendment (due process)
- Type of law
- Constitutional amendment
- Held unconstitutional
- A state or territorial law, regulation or constitutional provision
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Majority | |
| Justice William O. Douglas | Special concurrence | |
| Justice John M. Harlan II | Majority | |
| Justice William J. Brennan Jr. | Special concurrence | |
| Justice Potter Stewart | Special concurrence | Wrote an opinion |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Special concurrence | Wrote an opinion |
| Chief Justice Warren E. Burger | Majority | |
| Justice Harry A. Blackmun | Majority |
Full case caption
Connell v. Higginbotham et al.
SCDB identifiers: case 1970-128, docket 1970-128-01.
Related decisions
Other cases on “Loyalty oath, teachers”
- Keyishian v. Board of Regents of the University of the State of New YorkAltered precedentLaw held unconstitutional
- Cramp v. Board of Public Instruction of Orange CountyLaw held unconstitutional
- Slochower v. Board of Higher Education of New York CityLaw held unconstitutional
- Wieman v. UpdegraffLaw held unconstitutional
Cases on the same legal provision: Fourteenth Amendment (due process)
- Johnson v. Mississippi
- Coates v. City of CincinnatiLaw held unconstitutional
- Bell v. BursonLaw held unconstitutional
- Palmer v. City of EuclidLaw held unconstitutional
- McGautha v. California
- Boddie v. ConnecticutLaw held unconstitutional
Same Term, same area (First Amendment)
- Blount v. RizziLaw held unconstitutional
- Baird v. State Bar of Arizona
- In re Stolar
- Law Students Civil Rights Research Council, Inc. v. Wadmond
- United States v. Weller
- Monitor Patriot Co. v. Roy
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