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Constitutional Law Keyed to Choper
United Public Workers of America v. Mitchell
Citation:
330 U.S. 75 (1947)Facts
The Hatch Act of 1939, as amended in 1940, prohibited federal employees from taking “any active part in political management or in political campaigns” while preserving their right to vote and express opinions on political subjects. The United Public Workers of America and various federal employees challenged this provision as unconstitutional. Most plaintiffs merely expressed a desire to engage in prohibited political activities, but George Poole had actually violated the Act by serving as a ward executive committeeman for a political party and working at the polls on election day. The Civil Service Commission had initiated proceedings to remove him from his position as a roller at the U.S. Mint. The plaintiffs argued that the Hatch Act’s restrictions violated their rights under the First, Fifth, Ninth, and Tenth Amendments by limiting their freedom of speech, assembly, and political participation.
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