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Coomunist Party of Indiana v. Whitcomb
Oyez ^

Posted on 12/29/2023 12:25:52 PM PST by artichokegrower

Facts of the case In 1972, the Communist Party of Indiana, a new political party, wished to place its candidates for President and Vice President of the United States on the ballot. The Indiana State Election Board rejected its application to do so until the officers of the party had filed an affidavit stating that the party did not advocate the overthrow of local, state, or national government by force or violence. The Communist Party of Indiana sued State Election Board and its members and sought an injunction that would require the Board to place the candidates on the ballot.

(Excerpt) Read more at oyez.org ...


TOPICS: Culture/Society
KEYWORDS: 1972; communist; communistparty; coomunist; elections; indiana; insurrection; whitcomb
Justice William J. Brennan, Jr. delivered the opinion of the 9-0 majority. The Court held that states may not interfere with the right to associate with the political party of one’s choice without proof that the political party was inciting immediate lawless action. Such action on the parts of the states prevented the effective casting of ballots, which violated basic civil and political rights, and was not in the best interests of the states.


The Supreme Court ruled 9 to 0 that the states cannot keep a candidate off the ballot

1 posted on 12/29/2023 12:25:52 PM PST by artichokegrower
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To: artichokegrower

Democrats did it to Abraham Lincoln, keeping him of the ballot in 1860 in Rat controlled states. Same Rat party at work today. Rats are always on the side of enslavement and oppression. Always.


2 posted on 12/29/2023 12:29:25 PM PST by rigelkentaurus
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To: artichokegrower

That was then, this is Fascism.


3 posted on 12/29/2023 12:30:34 PM PST by kiryandil (Free Rocco!!)
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To: kiryandil

more appropriate for today...”That was Then and This is Now and how are you gonna stop it?” good question when “all we hear is hot air from every side yet no concrete action on any side” L.Star


4 posted on 12/29/2023 12:41:46 PM PST by Qwapisking ("IF the Second goes first the First goes second" L.Star )
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