William O. Douglas

“ They are deprived of their livelihood by legislative act, not by judicial processes. We put the case in the aspect most invidious to petitioners. Whether they actually advocated the violent overthrow of Government does not appear. But here, as in the Cummings case, the vice is in the presumption of guilt which can only be removed by the expurgatory oath. That punishment, albeit conditional, violates here as it did in the Cummings case the constitutional prohibition against bills of attainder. Whether the ordinance also amounts to an ex post facto law is a question we do not reach. ”

“ Deprivation of a man's means of livelihood by reason of past conduct, not subject to this penalty when committed, is punishment whether he is a professional man, a day laborer who works for private industry, or a government employee. ”

“ Petitioners were disqualified from office not for what they are today, not because of any program they currently espouse. Cf. Gerende v. Board of Supervisors, 341 U.S. 56, 71 S.Ct. 565, not because of standards related to fitness for the office, cf. ”