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WHITEHILL v. ELKINS

No. 25.

389 U.S. 54 (1967)

88 S.Ct. 184

19 L.Ed.2d 228

WHITEHILL v. ELKINS, PRESIDENT, UNIVERSITY OF MARYLAND, ET AL.

Supreme Court of United States.

Decided November 6, 1967.

Attorney(s) appearing for the Case

Sanford Jay Rosen argued the cause for appellant. With him on the brief were Elsbeth Levy Bothe and Joseph S. Kaufman.

Loring E. Hawes, Assistant Attorney General of Maryland, argued the cause for appellees. With him on the brief was Francis B. Burch, Attorney General.

Bernard Wolfman and Herman I. Orentlicher filed a brief for the American Association of University Professors, as amicus curiae, in support of appellant.

Edward C. Mackie filed a brief for the Baltimore Metropolitan Chapter of Americans for Constitutional Action, as amicus curiae, urging affirmance.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This suit for declaratory relief that a Maryland teacher's oath required of appellant was unconstitutional was heard by a three-judge court and dismissed. 258 F.Supp. 589. We noted probable jurisdiction. 386 U.S. 906.

Appellant, who was offered a teaching position with the University of Maryland, refused to take the following oath:

"I, __________________...

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