Written by attorneys · grounded in primary & secondary sources — see below
Loyalty or devotion owed to a principal, sovereign, or cause. In agency relationships the obligation requires undivided commitment to the principal and prohibits serving interests that conflict with those of the principal in the same matter.
Sources & Authorities
How it applies
Common Examples
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Schoolchildren Refuse Pledge
Public school officials require every student to stand and recite the pledge each morning or face suspension. Several families object that the recitation forces an expression of patriotic loyalty they do not hold. The students remain in class without participating and the school imposes no penalty.
Corporate Political Spending
A corporation funds independent advertisements supporting a political candidate. Shareholders who disagree with the message claim the expenditure improperly binds them to a political loyalty they reject. The corporation continues the spending and discloses it under applicable campaign rules.
Select any source to read its text and confirm it supports the definition.
Cases
Dictionaries
Citizens United v. Federal Election Commission558 U.S. 310, 352 (2010)
Analyst Testimony Challenged
A laboratory analyst submits a sworn certificate identifying a substance without appearing at trial. The defendant objects that the certificate carries the analyst's professional allegiance to the prosecution. The prosecution must produce the analyst for cross-examination.
Melendez-Diaz v. Massachusetts129 S. Ct. 2527 (2009)
Moment of Silence Statute
A state law requires a daily moment of silence in public schools for meditation or voluntary prayer. Parents argue the requirement endorses religious loyalty over other beliefs. The statute remains in effect while litigation proceeds.
Wallace v. Jaffree472 U.S. 38, 113 (1985)
Internment Loyalty Question
During wartime the government detains citizens of Japanese ancestry and offers release only to those who swear exclusive allegiance to the United States. Several detainees refuse the oath on principle and remain confined.
Korematsu v. United States323 U.S. 214 (1944)
Newspaper Prior Restraint
A state seeks to enjoin a newspaper from publishing articles accusing local officials of corruption. The publisher claims the injunction would compel continued allegiance to the officials by silencing criticism. Publication proceeds pending final judgment.
Near v. Minnesota ex rel. Olson283 U.S. 697 (1931)
Common questions
Frequently Asked
3
Does an agent breach the duty of loyalty merely by agreeing to represent a conflicting interest, or must actual harm be shown?+
An agent breaches the duty of loyalty by agreeing to represent another whose interests conflict with the principal in the same matter. The breach occurs at the moment of the conflicting agreement and does not require proof of financial loss or misuse of information.
Can a statute automatically revoke citizenship when a citizen votes in a foreign election?+
No. The Fourteenth Amendment protects citizenship from involuntary loss. A statute that treats foreign voting as conclusive proof of relinquished allegiance without the citizen's voluntary consent violates that protection.
Does membership in a group whose rules encourage lying to outsiders constitute bias for impeachment purposes?+
Yes. Evidence that a witness belongs to an organization whose code creates an allegiance to lie for fellow members is admissible to show bias. Such proof is distinct from character evidence and may be elicited on cross-examination.
319 U.S. 624, 638 (1943)Constitutional Law
…Syllabus The West Virginia State Board of Education adopted a resolution ordering that a salute to the flag and a pledge of allegiance shall be a regular part of the program of activities in the public schools. The resolution also provided that children who refused to participate should be deemed insubordinate and be…
Constitutional LawIndividual rights · Other protections, including the privileges and immunities clauses, the contracts clause, unconstitutional conditions, bills of attainder, and ex post facto lawsUBEFoundational