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A loyalty oath is an oath of loyalty to an organization, institution, or state to which an individual is a member.

In this context, a loyalty oath is not a pledge or oath of allegiance. It is an affirmation by which a person signs a legally binding document or warrant.

Usually, a loyalty oath to an organization or to a nation state is created during a time of social tension when people wish to guard against behavior like advocating fundamental change in the organization, advocating violent overthrow of the nation state, or spreading dissent within the organization. Such social tension is most manifest during times of war or when the organization or nation state is faced with a conflict with one or more other organizations or nation states (see Cold War).

Contents 1 In the United States 1.1 Civil War and Reconstruction 1.2 Truman era 2 See also 2.1 Court cases involving loyalty oaths

During the American Civil War, political prisoners and prisoners of war were often released upon taking an "oath of allegiance". Lincoln's Proclamation of Amnesty and Reconstruction featured an oath to "faithfully support, protect and defend the Constitution of the United States, and the union of the States thereunder" as a condition for a Presidential pardon. During Reconstruction, retroactive loyalty oaths were required, so that no one could hold federal office who hadn't been loyal in the past.

Another use of loyalty oaths in the United States was during the 1950s and 1960s. The Red Scare during the 1950s and the Congressional hearings chaired by Senator Joseph McCarthy helped to sustain a national mood of concern about communist agents and a fear such agents may injure the U.S. government through espionage or outright violence.

On March 21, 1947, faced with concerns over the mounting evidence of Soviet subversive penetration and infiltration into the United States government by American citizens who held oaths of allegiance to a foreign power during war time, President Harry S Truman instituted a Loyalty Program, requiring loyalty oaths and background investigations on persons deemed suspect to holding party membership in organizations that advocated violent and anti-democratic programs.

Typically, a loyalty oath will have wording something along the following which is taken from the U.S Supreme Court decision of Garner v. Los Angeles Board, 341 U.S. 716.

"I further swear (or affirm) that I do not advise, advocate or teach, and have not within the period beginning five (5) years prior to the effective date of the ordinance requiring the making of this oath or affirmation, advised, advocated or taught, the overthrow by force, violence or other unlawful means, of the Government of the United States of America or of the State of California and that I am not now and have not, within said period, been or become a member of or affiliated with any group, society, association, organization or party which advises, advocates or teaches, or has, within said period, advised, advocated or taught, the overthrow by force, violence or other unlawful means of the Government of the United States of America, or of the State of California. I further swear (or affirm) that I will not, while I am in the service of the City of Los Angeles, advise, advocate or teach, or be or become a member of or affiliated with any group, association, society, organization or party which advises, advocates or teaches, or has within said period, advised, advocated or taught, the overthrow by force, violence or other unlawful means, of the Government of the United States of America or of the State of California . . . ."

The U.S Supreme Court has both upheld the use of loyalty oaths and overturned lower court decisions upholding loyalty oaths.

• Sedition Act of 1918
• Smith Act
• Communist Party USA

• Speiser v. Randall, 357 U.S. 513
• Garner v. Board of Public Works, 341 U.S. 716
• Gerende v. Board of Supervisors, 341 U.S. 56
• American Communications Association v. Douds, 339 U.S. 382