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View Diary: Loyalty Oaths (54 comments)

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  •  I thought loyalty oaths were settled law (3+ / 0-)
    Recommended by:
    hnichols, erichiro, happymisanthropy

    they are legal, with some 1st amendment exceptions.  I know loyalty oaths are still in use in some parts of Arizona and Florida.  I've talked to people asked to sign them.  

    Going off memory, loyalty oaths are illegal when they ask you to disavow membership in a specific organization (the communist party) or belief (communism).  However, a loyalty oath that asks that a persons respects the laws of the constitution are permissible.  

    Here is a copy of a loyalty oath UofA employees are asked to sign -

    http://www.hr.arizona.edu/...

    There very prominent in schools in Arizona - I guess people fear that a terrorist sympathizer will indoctrinate their kids!  I find them to be the most petty of government bullying - an attempt, a poor one, to control the thoughts of an employee through contract.  Dumb, dumb, dumb.

    (This isn't meant to counter anything in the diary.  Just an FYI, that these oaths are still around and active).  

    •  A loyalty oath to 'the Constitution' is not what (0+ / 0-)

      the folks who want them consider a loyalty oath.

      The Constitution, after all, not only includes all those pesky rights they seek to destroy (even as they loudly proclaim thier fealty to them) and, in the final analysis, the ultmate 'out' clause: the amendment provisions.  Heck, I am happy to proclaim my loyalty to the Constitution, even as I condemn certain interpretations of it by SCOTUS and others, and fervently hope we change it.  Bc that is one of the highest forms of loyalty to the Constitution.

      But, what the 'oathers' want is swearing loyalty to one person, group or ideology (or at least against certain persons, groups or ideologies).  And that is still illegal, violating the 1st, 5th and 14th Amendments at least.

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