Shelton v. Tucker

An Arkansas statute requires every teacher, as a condition of employment in a state-supported school or college, to file annually an affidavit listing without limitation every organization to which he has belonged or regularly contributed within the preceding five years. Teachers in state-supported schools and colleges are not covered by a civil service system, they are hired on a year-to-year basis, and they have no job security beyond the end of each school year. The contracts of the teachers here involved were not renewed, because they refused to file the required affidavits. Held: The statute is invalid, because it deprives teachers of their right of associational freedom protected by the Due Process Clause of the Fourteenth Amendment from invasion by state action. Pp. 480–490.

174 F. Supp. 351 and 231 Ark. 641, 331 S.W.2d 701, reversed.

Robert L. Carter argued the cause for appellants in No. 14. With him on the brief were Thad D. Williams, Harold B. Anderson and George Howard, Jr.

[p480] Herschel H. Friday, Jr. and Louis L. Ramsay, Jr. argued the cause for appellees in No. 14. With them on the brief were E. Harley Cox and Robert V. Light.

Edwin E. Dunaway argued the cause and filed a brief for petitioners in No. 83.

Robert V. Light and Herschel H. Friday, Jr. argued the cause for respondents in No. 83. With them on the briefs were Bruce Bennett, Attorney General of Arkansas, and Thorp Thomas, Assistant Attorney General.

MR. JUSTICE STEWART delivered the opinion of the Court.