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Constitutional Law Keyed to Choper
Communist Party of Indiana v. Whitcomb
Citation:
414 U.S. 441 (1974)Facts
In August 1972, the Communist Party of Indiana applied to the Indiana State Election Board for a place on the state’s National Ballot for the 1972 general election. The Party refused to submit the affidavit required by Indiana law stating that it did not “advocate the overthrow of local, state or national government by force or violence.” After their application was rejected, they filed suit challenging the constitutionality of the statute. The District Court upheld the statute but required the Board to place the Party on the ballot if they submitted the required affidavit. The Party then submitted a modified affidavit that included language defining “advocate” according to the Supreme Court’s definition in Yates v. United States, limiting it to “the advocacy and teaching of concrete action for the forcible overthrow of the government, and not of principles divorced from action.” The Election Board rejected this modified affidavit, and the District Court refused to order its acceptance.
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