Elrod v. Burns
427 U.S. 347 · Decided June 25, 1976 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Elrod v. Burns was decided on June 25, 1976 by a vote of 5–3. The Court affirmed the lower court's decision. Justice William J. Brennan Jr. wrote the opinion announcing the judgment of the Court. SCDB classifies its main issue as “First Amendment, miscellaneous” in the First Amendment area.
Read the opinion
Case details
- Citations
- 427 U.S. 347 · 96 S. Ct. 2673 · 49 L. Ed. 2d 547 · 1976 U.S. LEXIS 109
- Docket number
- 74-1520
- Decided
- June 25, 1976
- Argued
- April 19, 1976
- Court era
- Burger Court
- Decision type
- Judgment of the Court (orally argued)
- Disposition
- Affirmed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 5–3
- Majority opinion
- William J. Brennan Jr.
- Opinion assigned by
- William J. Brennan Jr.
- How the case arrived
- Certiorari
- Issue (SCDB)
- First Amendment, miscellaneous
- Issue area
- First Amendment
- Legal provision
- First Amendment (association)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William J. Brennan Jr. | Judgment of the Court | Wrote an opinion |
| Justice Potter Stewart | Special concurrence | Wrote an opinion |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Majority | |
| Chief Justice Warren E. Burger | Dissent | Wrote an opinion |
| Justice Harry A. Blackmun | Special concurrence | |
| Justice Lewis F. Powell Jr. | Dissent | Wrote an opinion |
| Justice William H. Rehnquist | Dissent |
Did not participate: John Paul Stevens.
Full case caption
Elrod, Sheriff, et al. v. Burns et al.
SCDB identifiers: case 1975-158, docket 1975-158-01.
Related decisions
Other cases on “First Amendment, miscellaneous”
- Nebraska Press Assn. v. Stuart
- Hynes v. Mayor and Council of Borough of OradellLaw held unconstitutional
- Kelley v. Johnson
- Greer v. Spock
- Hudgens v. National Labor Relations BoardAltered precedent
- City of Madison Joint School District No. 8 v. Wisconsin Employment Relations Commission
Cases on the same legal provision: First Amendment (association)
- Abood v. Detroit Board of Education
- In re Primus
- Kusper v. PontikesLaw held unconstitutional
- Rosario v. Rockefeller
- United Transportation Union v. State Bar of Michigan
- Baird v. State Bar of Arizona
Same Term, same area (First Amendment)
- Buckley v. ValeoLaw held unconstitutional
- Time, Inc. v. Firestone
- Hudgens v. National Labor Relations BoardAltered precedent
- McKinney v. AlabamaLaw held unconstitutional
- Greer v. Spock
- Kelley v. Johnson
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