Baird v. State Bar of Arizona

Baird v. State Bar of Arizona, 401 U.S. 1 (1971), was a United States Supreme Court case in which the Court ruled:

Baird v. State Bar of Arizona
Argued December 8–9, 1969
Reargued October 14, 1970
Decided February 23, 1971
Full case nameBaird v. State Bar of Arizona
Citations401 U.S. 1 (more)
91 S.Ct. 702; 27 L. Ed. 2d 639; 1971 U.S. LEXIS 81
Holding
A State's power to inquire about a person's beliefs or associations is limited by the First Amendment, which prohibits a State from excluding a person from a profession solely because of membership in a political organization or because of his beliefs.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
Hugo Black · William O. Douglas
John M. Harlan II · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Case opinions
PluralityBlack, joined by Douglas, Brennan, Marshall
ConcurrenceStewart
DissentHarlan
DissentWhite
DissentBlackmun, joined by Burger, Harlan, White

A State's power to inquire about a person's beliefs or associations is limited by the First Amendment, which prohibits a State from excluding a person from a profession solely because of membership in a political organization or because of his beliefs.

In this case, a law school graduate who had passed the Arizona written bar examination had applied to be admitted to the Arizona bar, but had refused to answer a question as to whether she had ever been a member of the Communist party. On that basis, the State Bar of Arizona refused to admit her.

See also

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Further reading

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  • McChrystal, Michael K. (1989). "Legitimizing Realities: State-Based Bar Admission, National Standards, and Multistate Practice". Georgetown Journal of Legal Ethics. 3: 533. ISSN 1041-5548.
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