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This is an appeal from an action commenced in the United States District Court for the Middle District of Florida challenging the constitutionality of 876.05-876.10 pf Fla. Stat. Ann., and the various loyalty oaths upon which appellant's employment as a school teacher was conditioned. The three-judge U.S. District Court declared three of the five clauses contained in the oaths to be unconstitutional, and enjoined the State from conditioning employment on the taking of an oath including the language declared unconstitutional. The appeal is from that portion of the District Court decision which upheld the remaining two clauses in the oath: I do hereby solemnly swear of affirm (1) "that I will support the Constitution of the United States and of the State of Florida"; and (2) "that I do not believe in the overthrow of the government of the United States of of the State of Florida by force or by violence."

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