permitted "patently arbitrary or discriminatory" application of the law (as occurred under the Oklahoma loyalty statute). Based on these grounds, the majority reversed the Oklahoma Supreme Court and remanded the case. Clark refused to decide the case on other grounds, such as whether the Attorney General had given fair notice to affected organizations or the differing standards employed in the preparation of the list. Black's concurrence Associate Justice Hugo Black concurred, joined by Associate Justice Felix Frankfurter. He also provided a strong defense of free speech: History indicates that individual liberty is intermittently subjected to extraordinary perils. Even countries dedicated to government by the people are not free from such cyclical dangers. ... Test oaths are notorious tools of tyranny. When used to shackle the mind they are, or at least they should be, unspeakably odious to a free people. Test oaths are made still more dangerous when combined with bills of attainder which like this Oklahoma statute impose pains and penalties for past lawful associations and utterances.... Governments need and have ample power to punish treasonable acts. But it does not follow that they must have a further power to punish thought and speech as distinguished from acts. Our own free society should never forget that laws which stigmatize and penalize thought and speech of the unorthodox have a way of reaching, ensnaring and silencing many more people than at first intended. We must have freedom of speech for all or we will in the long run have it for none but the cringing and the craven. And I cannot too often repeat my belief that the right to speak on matters of public concern must be wholly free or eventually be wholly lost. Frankfurter's concurrence Associate Justice Felix Frankfurter concurred, joined by Associate Justice William O. Douglas. Frankfurter's concurrence provided a ringing defense of the special role teachers play in a democracy: The process of education has naturally enough been the basis of hope for the perdurance of our democracy on the part of all our great leaders, from Thomas Jefferson onwards. To regard teachers—in our entire educational system, from the primary grades to the university—as the priests of our democracy is therefore not to indulge in hyperbole. It is the special task of teachers to foster those habits of open-mindedness and critical inquiry which alone make for responsible citizens, who, in turn, make possible an enlightened and