Bond v. Floyd

385 U.S. 116 (1966)

Unanimous Opinion by Chief Justice Warren

Bond is a squib case in Sullivan & Feldman, noted as an example of the Vietnam era loosening of clear and present danger. See Sullivan & Feldman, p. 47, n. 4. The case is interesting as the Court unanimously held that the First Amendment barred Georgia from refusing to seat Julian Bond, a duly elected representative, in the state legislature. The State’s argument was that Bond could not take the oath of office in light of his anti-draft activities as part of SNCC – the Student Non-violent Coordinating Committee. In essence, this was another encouraging-draft-resistance case like Abrams or Gitlow. However, this time the Court’s judgment went the other way and permitted speech in favor of draft resistance.

Chief Justice Warren was oblique when citing precedent: “No useful purpose would be served by discussing the many decisions of this Court which establish that Bond could not have been convicted for these statements consistently with the First Amendment.” The map explains this reference by linking Warren’s opinion to earlier dissents rather than majority opinions. This is why the arrow is dotted.

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