Keyishian v board of regents

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keyishian v board of regents

Harry Keyishian and other faculty of the University of Buffalo became state employees in , when the University of Buffalo was merged into the State.

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Jump to navigation. 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. Section does not define "treasonable or seditious. Section the Feinberg Law of the Education Law requires the State Board of Regents to issue regulations for the disqualification or removal on loyalty grounds of faculty or other personnel in the state educational system, to make a list of "subversive" organizations, and to provide that membership therein constitutes prima facie evidence of disqualification for employment.

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. Section does not define "treasonable or seditious. Section the Feinberg Law of the Education Law requires the State Board of Regents to issue regulations for the disqualification or removal on loyalty grounds of faculty or other personnel in the state educational system, to make a list of "subversive" organizations, and to provide that membership therein constitutes prima facie evidence of disqualification for employment. The Board listed the National and State Communist Parties as "subversive organizations" under the law, but, shortly before the trial of this case, the university trustees' certificate requirement was rescinded and it was announced that no person would be ineligible for employment "solely" because he refused to sign the. A three-judge District Court sustained the constitutionality of these provisions against appellants' challenges of vagueness and overbreadth and dismissed the complaint.

Board of Regents, U.S. (). Keyishian v. Board of Regents. No. Argued November 17, Decided January 23, U.S. Syllabus.
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In Keyishian v. Board of Regents, U. Harry Keyishian was an English instructor at the State University of New York at Buffalo when he refused to sign an oath stating that he was not a Communist. Because he failed to comply with state law and administrative rules, his contract was not renewed. The U. Supreme Court reversed by a vote, ruling that the New York law and regulations violated the First Amendment. Writing for a narrow majority, Justice William J.



Keyishian v. Board of Regents, 385 U.S. 589 (1967)

Keyishian v. The case arose at a time when it was common for public employers to require their employees, including educators, to subscribe to loyalty oaths in the United States. These oaths, which included possible criminal sanctions, were often more concerned with what educators should not have done, such as avoiding membership in specified organizations, rather than what activities they should have pursued.

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