This oath stated that the employee promised to support the federal and state constitutions and promote respect for the flag and reverence for law and order. 2d 377 (1964), the Court invalidated Washington's statute requiring teachers and state employees to take a loyalty oath. Most loyalty oaths required of public employees have been struck down by the Supreme Court, usually on the ground that they violate due process because they are vague and susceptible to wide interpretation. Some also required teachers to promise to promote patriotism, pledge not to teach or advocate the forcible overthrow of the government, and swear that they did not belong to the Communist party or any other organization that advocated the overthrow of the government. Most of the statutes required employees to pledge their support of the state and federal constitutions. Under some of the statutes, schools were permitted to discharge teachers who were thought to be disloyal to the government. Thus the majority of states enacted statutes that required public employees, public school teachers, and university professors to sign a loyalty oath as a condition of employment. There was particular concern that Communist sympathizers were obtaining employment in the government and in public schools. Fear of Communist subversion affected many aspects of life in the United States. The period after world war ii was the high-water mark in the history of loyalty oaths. One statute that required an oath of prior loyalty for admission to the bar was found unconstitutional because it imposed a legislative punishment for past acts.
For example, after the Civil War, some states enacted statutes that excluded from certain professions those who had been disloyal to the United States and had sympathized with the Confederacy. Loyalty oaths are often invoked during times of stress, such as wars, or when the government perceives an outside threat to security. To ensure unity the continental congress and the legislatures of the first states all enacted laws requiring citizens to pledge their allegiance to the U.S. The Puritans in New England required citizens to pledge their support of the commonwealth and to report any individuals who advocated dissent against the government. Loyalty oaths have played a role in American history since the settlement of the colonies. If an oath is overly broad or vague, it may be found unconstitutional. Loyalty oaths that infringe on a person's ability to exercise a constitutional right must be narrowly focused to achieve a legitimate government objective. Requiring an employee to promise to support the government as a condition of employment is constitutional as long as the requirement is reasonably related to the employee's fitness for the particular position. Employees in sensitive government positions may also be required to take a loyalty oath. Naturalized citizens are required to pledge their allegiance to the United States, as are members of the armed services.
Loyalty oaths are required of government officials, such as the president, members of Congress and state legislatures, and members of the judiciary. An oath that declares an individual's allegiance to the government and its institutions and disclaims support of ideologies or associations that oppose or threaten the government.
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