Case Overview


The Court ruled in favor of the employees and held that "§ 3021 of the Education Law and subdivisions 1 (a), 1 (b) and 3 of § 105 of the Civil Service Law as implemented by the machinery created pursuant to § 3022 of the Education Law are unconstitutional."


Appellants, faculty members of the State University of New York and a non-faculty employee, brought this action for declaratory and injunctive relief, claiming that New York's teacher loyalty laws and regulations are unconstitutional. Their continued employment had been terminated or was threatened when each appellant faculty member refused to comply with a requirement of the University trustees that he certify that he was not a Communist and that, if he had ever been one, he had so advised the university president, and the non-faculty employee refused to state under oath whether he had advocated or been a member of a group which advocated forceful overthrow of the government.

Cite this page