The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
In State v. Diez, Fla. 1957, 97 So.2d 105, we ourselves have previously taken note of the Nelson decision. As against the identical contention now submitted by these appellants, we upheld Section 876.22, Florida Statutes, F.S.A., requiring a so-called Loyalty Oath as a condition to public employment in this state. We there pointed out and we here repeat for emphasis that in the Nelson case the State of Pennsylvania had indicted Nelson for advocacy of the violent overthrow of the government of the United States contrary to the Pennsylvania statute. See Commonwealth v. Nelson, 377 Pa. 58, 104 A.2d 133. Nowhere in the charges against Nelson were there any allegations of seditious conduct against the state. The decision of a court must necessarily be read in the light of the factual situation which produces it. In the Nelson case the Supreme Court of the United States was confronted solely and entirely with the charge of seditious conduct against the United States in violation of a state statute. It is inconceivable to us that the decision could or should be given controlling effect in situations which were not even remotely before the Supreme Court of the United States when…
Afterward the legislature passed Chapter 28221, Laws of Florida, Acts of 1953, F.S.A. § 876.22 et seq., condemning communism and its kind and all their works. Incidentally, it was provided in this act, that it should be felonious "knowingly and willfully" to engage in subversive activities. The significance of the language we quote will become apparent when we presently discuss the averments of the informations filed against the appellee.
As a prelude to Chapter 28221, Acts of 1953, F.S.A. § 876.22 et seq., an act to protect against subversive activities, there was a similar legislative finding, to which was attached the further finding that the objective of the Communist Party was "the establishment of totalitarian dictatorship in all parts of the world under its control", and to liquidate all "political parties other than the Communist Party, the abolishment of free speech, free assembly, and freedom of religion, and is the complete antithesis of the American constitutional form of government" and that the "Communist movement plainly presents a clear and present danger to the United States Government and to the State of Florida".
. . . As against the identical contention now submitted by these appellants, we upheld Section 876.22, Florida . . . By Chapter 28221, Laws of Florida 1953, commonly known as the subversive activities law, Sections 876.22 . . .
. . . . § 876.22 et seq., condemning communism and its kind and all their works. . . .
. . . affiliation or membership in such organizations is a felony under the Smith Act (or under Sections 876.22 . . . As a prelude to Chapter 28221, Acts of 1953, F.S.A. § 876.22 et seq., an act to protect against subversive . . .
. . . The State bank’s return 1 showed a tax liability of $876.22. . . . disallowance, determined that, in respect of such income, there was a tax liability of $27,833:38 instead of $876.22 . . .
. . . 337. 52 Liberty bonds, 4th loan_ 500.00- Plates_ 3, 838. 30 Purniture and fixtures_ 618.50 Total- 32, 876.22 . . .