Speiser v. Randall

Speiser v. Randall, 357 U.S. 513 (1958), is a decision of the Supreme Court of the United States which, along with its companion cases Prince v. City and County of San Francisco and First Unitarian Church v. Los Angeles (separately decided), held that a loyalty oath requirement for seeking a property tax exemption violated the procedural due process rights of applicants who refused to sign the oath under the Due Process Clause of the Fifth Amendment to the United States Constitution because it placed the burden of proof to show that their speech was not criminal on the applicants, rather than the state.^[1]

Full case nameLawrence Speiser v. Randall, Assessor of Contra Costa County, California

Citations357 U.S. 513 (more)

78 S. Ct. 1332; 2 L. Ed. 2d 1460; 1958 U.S. LEXIS 1803

MajorityBrennan, joined by Black, Frankfurter, Douglas, Harlan, Whittaker

ConcurrenceBlack, joined by Douglas

Quick facts Argued April 8–9, 1958 Decided June 30, 1958, Full case name ...

Speiser v. Randall
Supreme Court of the United States
Argued April 8–9, 1958 Decided June 30, 1958
Full case name	Lawrence Speiser v. Randall, Assessor of Contra Costa County, California
Citations	357 U.S. 513 (more) 78 S. Ct. 1332; 2 L. Ed. 2d 1460; 1958 U.S. LEXIS 1803
Holding
Loyalty oath requirement for tax exemption violated taxpayers' procedural due process rights under the Fifth Amendment.
Court membership
Chief Justice Earl Warren Associate Justices Hugo Black · Felix Frankfurter William O. Douglas · Harold H. Burton Tom C. Clark · John M. Harlan II William J. Brennan Jr. · Charles E. Whittaker
Case opinions
Majority	Brennan, joined by Black, Frankfurter, Douglas, Harlan, Whittaker
Concurrence	Black, joined by Douglas
Concurrence	Douglas, joined by Black
Concurrence	Burton (in judgment)
Dissent	Clark
Warren took no part in the consideration or decision of the case.

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Speiser v. Randall