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:

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.

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
MajorityBlack, joined by Douglas, Brennan, Marshall
ConcurrenceStewart
DissentHarlan
DissentWhite
DissentBlackmun, joined by Burger, Harlan, White

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

Further reading

  • 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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