Whitehill v. Elkins
389 U.S. 54 · Decided November 16, 1967 · Supreme Court of the United States
At a glance
Whitehill v. Elkins was decided on November 16, 1967 by a vote of 6–3. The Court reversed the lower court's decision. Justice William O. Douglas wrote the opinion of the Court. SCDB classifies its main issue as “Loyalty oath, government employees” 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
- 389 U.S. 54 · 88 S. Ct. 184 · 19 L. Ed. 2d 228 · 1967 U.S. LEXIS 343
- Docket number
- 25
- Decided
- November 16, 1967
- Argued
- October 16, 1967
- Court era
- Warren Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 6–3
- Majority opinion
- William O. Douglas
- Opinion assigned by
- Earl Warren
- 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
- 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 | Majority | Wrote an opinion |
| Chief Justice Earl Warren | Majority | |
| Justice John M. Harlan II | Dissent | Wrote an opinion |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Dissent | |
| Justice Byron R. White | Dissent | |
| Justice Abe Fortas | Majority | |
| Justice Thurgood Marshall | Majority |
Full case caption
Whitehill v. Elkins, President, University of Maryland, et al.
SCDB identifiers: case 1967-014, docket 1967-014-01.
Related decisions
Other cases on “Loyalty oath, government employees”
- Elfbrandt v. RussellLaw held unconstitutional
- Cole v. Richardson
- Baggett v. BullittLaw held unconstitutional
- Cole v. Richardson
- Nostrand v. Little
- Garner v. Board of Public Works of Los Angeles
Cases on the same legal provision: First Amendment (speech, press, and assembly)
- Beckley Newspapers Corp. v. Hanks
- United Mine Workers of America v. Illinois State Bar Association
- Teitel Film Corp. v. CusackLaw held unconstitutional
- Curtis Publishing Co. v. Butts
- Cameron v. Johnson
- Ginsberg v. New York
Same Term, same area (First Amendment)
- Associated Press v. Walker
- Potomac News Co. v. United States
- Conner v. City of Hammond
- Central Magazine Sales, Ltd. v. United States
- Beckley Newspapers Corp. v. Hanks
- Chance v. California
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