Baird v. State Bar of Arizona

401 U.S. 1, 91 S. Ct. 702, 27 L. Ed. 2d 639, 1971 U.S. LEXIS 81
CourtSupreme Court of the United States
DecidedFebruary 23, 1971
Docket15
StatusPublished
Cited by251 cases

This text of 401 U.S. 1 (Baird v. State Bar of Arizona) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baird v. State Bar of Arizona, 401 U.S. 1, 91 S. Ct. 702, 27 L. Ed. 2d 639, 1971 U.S. LEXIS 81 (1971).

Opinions

Mr. Justice Black

announced the judgment of the Court and delivered an opinion in which Mr. Justice Douglas, Mr. Justice Brennan, and Mr. Justice Marshall join.

This is one of two cases now before us from two different States in which applicants have been denied admission to practice law solely because they refused to answer questions about their personal beliefs or their affiliations with organizations that advocate certain ideas about government.1 Sharp conflicts and close divisions have arisen in this Court concerning the power of [3]*3States to refuse to permit applicants to practice law in cases where bar examiners have been suspicious about applicants’ loyalties and their views on Communism and revolution. This has been an increasingly divisive and bitter issue for some years, especially since Senator Joseph McCarthy from Wisconsin stirred up anti-Communist feelings and fears by his “investigations” in the early 1950’s. One applicant named Raphael Konigs-berg was denied admission in California and this Court reversed. Konigsberg v. State Bar, 353 U. S. 252 (1957). The State nevertheless denied him admission a second time, and this Court then affirmed by a 5-to-4 decision. 366 U. S. 36 (1961). An applicant named Rudolph Schware was denied admission in New Mexico and this Court reversed, with five Justices agreeing on one opinion, three Justices on another opinion, and one not participating. Schware v. Board of Bar Examiners, 353 U. S. 232 (1957). In another case an applicant named George Anastaplo was denied admission in Illinois on grounds similar to those involved in Konigsberg and Schware, and the denial was affirmed by a 5-to-4 margin. In re Anastaplo, 366 U. S. 82 (1961). See also In re Summers, 325 U. S. 561 (1945). With sharp divisions in this Court, our docket and those of the Courts of Appeals have been filled for years with litigation involving inquisitions about beliefs and associations and refusals to let people practice law and hold public or even private jobs solely because public authorities have been suspicious of their ideas.2 Usually these denials of employment have not been based on any overt acts of misconduct or lawlessness, and the litigation has [4]*4continued to raise serious questions of alleged violations of the First Amendment and other guarantees of the Bill of Rights.3

The foregoing cases and others contain thousands of pages of confusing formulas, refined reasonings, and puzzling holdings that touch on the same suspicions and fears about citizenship and loyalty. However we have concluded the best way to handle this case is to narrate its simple facts and then relate them to the 45 words that make up the First Amendment.

These are the facts.

The petitioner, Sara Baird, graduated from law school at Stanford University in California in 1967. So far as the record shows there is not now and never has been a single mark against her moral character. She has taken the examination prescribed by Arizona, and the answer of the State admits that she satisfactorily passed it. Among the questions she answered was No. 25, which called on her to reveal all organizations with which she had been associated since she reached 16 years of age.4 This question she answered to the satisfaction of the Arizona Bar Committee. Consequently there is no charge or intimation that Mrs. Baird has not listed the organizations to which she has belonged since becoming 16. In addition, however, she was asked to state whether she had ever been a member of the Communist Party or any organization “that advocates overthrow of the United States Government by force or [5]*5violence.”5 When she refused to answer this question, the Committee declined to process her application further or recommend her admission to the bar.6 The Arizona Supreme Court then denied her petition for an order to the Committee to show cause why she should not be admitted to practice law. We granted certiorari. 394 U. S. 957.

In Arizona it is perjury to answer the bar committee’s questions falsely, and perjury is punishable as a felony. Ariz. Rev. Stat. Ann. § 13-561 (1956). In effect this young lady was asked by the State to make a guess as to whether any organization to which she ever belonged “advocates overthrow of the United States Government by force or violence.” There may well be provisions of the Federal Constitution other than the First Amendment that would protect an applicant to a state bar from being subjected to a question potentially so hazardous to her liberty. But whether or not there are other provisions that protect her, we think the First Amendment does so here. That Amendment, made applicable to the States by the Fourteenth, forbids any “law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble . . . .” Mr. Justice Roberts, in referring to the First Amendment’s guarantee of freedom of religion, said:

“Thus the Amendment embraces two concepts,— freedom to believe and freedom to act. The first is absolute but, in the nature of things, the second cannot be. Conduct remains subject to regulation for the protection of society.” Cantwell v. Connecticut, 310 U. S. 296, 303-304 (1940).

[6]*6See also Schneider v. State, 308 U. S. 147, 160-161 (1939); West Virginia Board of Education v. Barnette, 319 U. S. 624, 642 (1943). And we have made it clear that: “This conjunction of liberties is not peculiar to religious activity and institutions alone. The First Amendment gives freedom of mind the same security as freedom of conscience.” Thomas v. Collins, 323 U. S. 516, 531 (1945). The protection of the First Amendment also extends to the right of association. As we said in Schneider v. Smith, 390 U. S. 17, 25 (1968):

“The First Amendment’s ban against Congress ‘abridging’ freedom of speech, the right peaceably to assemble and to petition, and the ‘associational freedom’. . . that goes with those rights create a preserve where the views of the individual are made inviolate.”

See also Shelton v. Tucker, 364 U. S. 479, 485-487 (1960); Bates v. Little Rock, 361 U. S. 516 (1960); NAACP v. Alabama,

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Bluebook (online)
401 U.S. 1, 91 S. Ct. 702, 27 L. Ed. 2d 639, 1971 U.S. LEXIS 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baird-v-state-bar-of-arizona-scotus-1971.