William O. Douglas

“ Section 1 defines the latter terms: 'subversive organization' meaning a group that would, inter alia, 'alter' the form of government 'by revolution, force, or violence'; 'foreign subversive organization' is such a group directed, dominated, or controlled by a foreign government which engages in such activities.
The oath was prepared by the Attorney General and approved by the Board of Regents that has exclusive management of the university. ”

“ It is conceded that the Board had authority to provide an oath, as § 11 of the Act directs every agency of the State which appoints, employs, or supervises officials or employees to establish procedures designed to ascertain before a person is appointed or employed that he or she 'is not a subversive person.' And that term is, as noted, defined by §§ 1 and 13. ”

“ The Court of Appeals affirmed the Board of Law Examiners, finding that the applicant was not a subversive person. So it can be argued that passive membership as a matter of Maryland law does not make a person a subversive. ”

“ Particularly is that true in the social sciences, where few, if any, principles are accepted as absolutes. Scholarship cannot flourish in an atmosphere of suspicion and distrust. Teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding ”

“ It is, however, urged that § 18 of the Act which contains a severability clause makes it possible for the Maryland Attorney General and for us to separate the wheat from the chaff that may be in §§ 1 and 13. The District Court found merit in the point. 258 F.Supp., at 596. But our difficulty goes deeper. As we have said in like situations, the oath required must not be so vague and broad as to make men of common intelligence speculate at their peril on its meaning. ”

“ We know that the Shub case says that ' (a) person who advocates the overthrow of the Government of the United States * * * through force or violence could scarcely in good faith, take the constitutional oath of office * * *.' 196 Md., at 190, 76 A.2d, at 337. (Italics supplied.) Yet that case does little more than afford the basis for argument that membership in a subversive organization means that the member must advocate a violent overthrow. This, however, is speculation, not certainty. Another Maryland case bearing on the question is Character Committee, etc. ”

“ Notes
↑ There is not only the provision for perjury prescribed in § 11, but also § 14 which provides in part that 'Reasonable grounds on all the evidnece to believe that any person is a subversive person, as defined in this article, shall be cause for discharge' of the employee. Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123, 175, n. 1, 71 S.Ct. 624, 650, n. 1, 95 L.Ed. 817 (concurring opinion) .↑ Art. 15, § 11, of the Maryland Constitution reads:↑ The oath did not even include the limited sort of 'membership' clause also approved in Gerende. ”