John Marshall Harlan II

“ I do not dispute that the First Amendment, as reflected in the Fourteenth, prevents States from denying admission to candidates merely because of theoretical beliefs in the 'right' of revolution, but I do maintain that there is no constitutional barrier to denying admission to those who seek entry to the profession for the very purpose of doing away with the orderly processes of law, and that temperate inquiry into the character of their beliefs in this regard, which is all that is shown here, is a relevant and permissible course to that end. ”

“ And one may also be understanding of the considerations which in this day and age breed lawsuits like these. But we should nonetheless take care lest the indulging of such points of view lead us into warped constitutional decision.
In my opinion the course chosen by these States cannot be said to be forbidden by the Constitution. ”

“ They show no more than a refusal to cerify candidates who deliberately, albeit in good faith, refuse to assist the Bar-admission authorities in their 'fitness' investigations by declining fully to answer the questionnaires. ”