William O. Douglas

“ A 'revolution' that operates through the route of constitutional amendments would, at least arguably, be in keeping with our ideas of freedom of belief and expression. I mention this matter not to decide it but to indicate its gravity and importance.
The judgment below dismissed the complaint. That action, together with what we do today, deprives appellants of their right to declaratory relief on questions we have never decided. They are remitted to the administrative relief afforded by a hearing-a relief they can get only if they refuse to take the oath. ”

“ This oath presents the question whether one who plans to 'alter' the Government of the United States by 'revolution' or who knowingly belongs to a group that sponsors that idea can be disqualified as a teacher. To 'alter' has been the objective of many who have proposed constitutional amendments. The idea of 'revolution' is an American concept [2] that at least until recently has been greatly revered. ”

“ For these reasons I dissent from the disposal made of the case and vote to note jurisdiction.
For the reasons stated by Mr. Justice DOUGLAS in his dissent, and others, Mr. Justice BLACK also dissents from the dismissal of this case. ”