keyishian
board
regents
argued
november
decided
january
appellants
faculty
members
state
university
new
york
nonfaculty
employee
brought
action
declaratory
injunctive
relief
claiming
new
york
teacher
loyalty
laws
regulations
unconstitutional
continued
employment
terminated
threatened
appellant
faculty
member
refused
comply
requirement
university
trustees
certify
communist
ever
one
advised
university
president
nonfaculty
employee
refused
state
oath
whether
advocated
member
group
advocated
forceful
overthrow
government
new
york
education
law
treasonable
seditious
utterances
acts
grounds
dismissal
public
school
system
well
subd
civil
service
law
provisions
civil
service
law
disqualify
civil
service
employment
educational
system
person
advocating
involved
distribution
written
material
advocates
forceful
overthrow
government
section
define
treasonable
seditious
section
subd
provides
treasonable
word
act
shall
mean
treason
defined
penal
law
seditious
word
act
shall
mean
criminal
anarchy
therein
defined
section
feinberg
law
education
law
requires
state
board
regents
issue
regulations
disqualification
removal
loyalty
grounds
faculty
personnel
state
educational
system
make
list
subversive
organizations
provide
membership
therein
constitutes
prima
facie
evidence
disqualification
employment
board
listed
national
state
communist
parties
subversive
organizations
law
shortly
trial
case
university
trustees
certificate
requirement
rescinded
announced
person
ineligible
employment
solely
refused
sign
certificate
education
law
civil
service
law
constituted
part
employment
contract
district
sustained
constitutionality
provisions
appellants
challenges
vagueness
overbreadth
dismissed
complaint
held
adler
board
education
upheld
aspects
new
york
teacher
loyalty
plan
extension
state
institutions
higher
learning
controlling
vagueness
issue
presented
involving
decided
adler
validity
subversive
organization
membership
provision
upheld
reasons
subsequently
rejected
pp
rescission
certificate
requirement
moot
case
substance
statutory
regulatory
complex
challenged
appellants
remains
section
education
law
subds
civil
service
law
implemented
machinery
created
pursuant
education
law
unconstitutionally
vague
since
teacher
know
education
law
subd
civil
service
law
constitutes
boundary
seditious
nonseditious
utterances
acts
provisions
may
well
prohibit
employment
one
advocates
doctrine
abstractly
without
attempt
incite
others
action
may
construed
cover
mere
expression
belief
pp
provisions
interpreted
new
york
courts
stifling
effect
free
play
spirit
teachers
especially
cultivate
practice
wieman
updegraff
concurring
opinion
pp
academic
freedom
special
concern
first
amendment
tolerate
laws
cast
pall
orthodoxy
classroom
prolixity
profusion
statutes
regulations
administrative
machinery
manifold
enactments
rules
aggravate
problem
vagueness
wording
provisions
civil
service
law
subd
education
law
subd
make
communist
party
membership
prima
facie
evidence
disqualification
employment
public
school
system
overbroad
therefore
unconstitutional
pp
constitutional
doctrine
upholding
subd
adler
rejected
major
premise
public
employment
may
conditioned
upon
surrender
constitutional
rights
abridged
direct
government
action
mere
knowing
membership
without
specific
intent
unlawful
aims
organization
constitutionally
adequate
basis
imposing
sanctions
pp
richard
lipsitz
argued
cause
appellants
briefs
rosario
di
lorenzo
ruth
iles
assistant
attorney
general
new
york
argued
cause
appellees
board
regents
et
al
brief
louis
lefkowitz
attorney
general
ruth
kessler
toch
acting
solicitor
general
john
crary
argued
cause
filed
brief
appellees
board
trustees
state
university
new
york
et
al
osmond
fraenkel
filed
brief
american
civil
liberties
union
et
amici
curiae
urging
reversal
ralph
fuchs
bernard
wolfman
herman
orentlicher
filed
brief
american
association
university
professors
amicus
curiae
justice
brennan
delivered
opinion
appellants
members
faculty
privately
owned
operated
university
buffalo
became
state
employees
university
merged
state
university
new
york
institution
higher
education
owned
operated
state
new
york
faculty
members
state
university
continued
employment
conditioned
upon
compliance
new
york
plan
formulated
partly
statutes
partly
administrative
regulations
state
utilizes
prevent
appointment
retention
subversive
persons
state
employment
appellants
hochfield
maud
assistant
professors
english
appellant
keyishian
instructor
english
appellant
garver
lecturer
philosophy
refused
sign
regulations
effect
required
certificate
communist
ever
communist
communicated
fact
president
state
university
new
york
notified
failure
sign
certificate
require
dismissal
keyishian
contract
renewed
failure
sign
certificate
hochfield
garver
whose
contracts
still
time
run
continue
teach
subject
proceedings
dismissal
constitutionality
new
york
plan
sustained
maud
voluntarily
resigned
therefore
longer
standing
suit
appellant
starbuck
nonfaculty
library
employee
lecturer
english
personnel
classification
required
sign
certificate
required
answer
writing
oath
question
ever
advised
taught
ever
member
society
group
persons
taught
advocated
doctrine
government
political
subdivisions
thereof
overthrown
overturned
force
violence
unlawful
means
starbuck
refused
answer
question
result
dismissed
appellants
brought
action
declaratory
injunctive
relief
alleging
state
program
violated
federal
constitution
various
respects
federal
held
program
constitutional
supp
noted
probable
jurisdiction
appellants
appeal
reverse
considered
aspects
constitutionality
new
york
plan
years
ago
adler
board
education
litigation
arose
new
york
passed
feinberg
law
added
education
law
feinberg
law
enacted
implement
enforce
two
earlier
statutes
first
law
education
law
utterance
treasonable
seditious
word
words
treasonable
seditious
act
ground
dismissal
public
school
system
second
law
civil
service
law
adler
decided
amended
law
law
disqualifies
civil
service
employment
educational
system
person
advocates
overthrow
government
force
violence
unlawful
means
publishes
material
advocating
overthrow
organizes
joins
society
group
persons
advocating
doctrine
feinberg
law
charged
state
board
regents
duty
promulgating
rules
regulations
providing
procedures
disqualification
removal
persons
public
school
system
violate
law
ineligible
appointment
retention
public
school
system
law
board
regents
directed
make
list
notice
hearing
subversive
organizations
defined
organizations
advocate
doctrine
overthrow
government
force
violence
unlawful
means
finally
board
directed
provide
rules
regulations
membership
listed
organization
constitute
prima
facie
evidence
disqualification
appointment
retention
office
position
public
schools
state
board
regents
thereupon
promulgated
rules
regulations
containing
procedures
followed
appointing
authorities
discover
persons
ineligible
appointment
retention
law
violation
law
board
also
announced
intention
list
subversive
organizations
requisite
notice
hearing
provided
membership
listed
organization
date
listing
regarded
constituting
prima
facie
evidence
disqualification
membership
prior
listing
presumptive
evidence
membership
continued
absence
showing
membership
terminated
good
faith
regulations
appointing
official
forbidden
make
appointment
first
inquired
applicant
former
employers
persons
ascertain
whether
applicant
disqualified
ineligible
appointment
addition
annual
inquiry
must
made
determine
whether
appointed
employee
ceased
qualified
retention
report
findings
must
filed
adler
declaratory
judgment
suit
held
effect
constitutional
infirmity
former
feinberg
law
faces
capable
constitutional
application
contention
urged
case
unconstitutionally
vague
heard
decided
section
education
law
challenged
adler
unconstitutionally
vague
challenge
made
pleadings
proceedings
lower
courts
refused
consider
challenge
grounds
vagueness
made
adler
subdivisions
civil
service
law
subdivision
added
appellants
case
timely
asserted
unconstitutionality
sections
grounds
vagueness
question
properly
us
decision
moreover
extent
adler
sustained
provision
feinberg
law
constituting
membership
organization
advocating
forceful
overthrow
government
ground
disqualification
pertinent
constitutional
doctrines
since
rejected
premises
upon
conclusion
rested
adler
therefore
dispositive
constitutional
issues
must
decide
case
ii
amendment
extended
application
feinberg
law
personnel
college
institution
higher
education
owned
operated
state
subdivisions
year
board
regents
notice
hearing
listed
communist
party
state
new
york
subversive
organizations
applicant
appointment
renewal
appointment
required
sign
feinberg
certificate
declaring
read
regents
rules
understood
rules
statutes
constituted
terms
employment
declaring
member
communist
party
ever
member
communicated
fact
president
state
university
certificate
appellants
hochfield
maud
keyishian
garver
refused
sign
june
shortly
trial
case
feinberg
certificate
rescinded
announced
person
employed
deemed
ineligible
continued
employment
solely
refused
sign
certificate
lieu
certificate
provided
applicant
informed
assuming
duties
statutes
education
law
civil
service
law
constituted
part
contract
particularly
informed
disqualification
flowed
membership
listed
subversive
organization
announcement
provides
question
arise
course
inquiry
candidate
may
request
personal
interview
refusal
candidate
answer
question
relevant
inquiry
officer
shall
sufficient
ground
refuse
make
recommend
appointment
brochure
also
given
new
applicants
outlines
explains
briefly
legal
effect
statutes
invites
applicant
may
question
possible
disqualification
request
interview
covering
announcement
concludes
prospective
appointee
believe
disqualified
need
take
affirmative
action
disclaimer
oath
required
change
procedure
wise
moots
appellants
constitutional
questions
raised
context
refusal
sign
abandoned
feinberg
certificate
substance
statutory
regulatory
complex
remains
outset
appellants
basic
claim
aggrieved
application
iii
section
requires
removal
treasonable
seditious
utterances
acts
amendment
civil
service
law
subdivision
section
added
utterances
acts
ground
removal
law
also
wording
used
statutes
utterance
treasonable
seditious
word
words
treasonable
seditious
act
acts
shall
ground
removal
vital
difference
two
laws
section
define
terms
treasonable
seditious
used
section
contrast
subdivision
civil
service
law
provides
terms
treasonable
word
act
shall
mean
treason
defined
penal
law
terms
seditious
word
act
shall
mean
criminal
anarchy
defined
penal
law
experience
sedition
act
stat
taught
us
dangers
fatal
first
amendment
freedoms
inhere
word
seditious
see
new
york
times
sullivan
word
treasonable
left
undefined
less
dangerously
uncertain
thus
becomes
important
whether
despite
omission
similar
reference
penal
law
words
used
section
read
meaning
mean
subdivision
read
broadly
constitute
utterances
acts
seditious
treasonable
regarded
purposes
even
assuming
treasonable
seditious
subd
meaning
uncertainty
hardly
removed
definition
treasonable
penal
law
presents
particular
problem
difficulty
centers
upon
meaning
seditious
subdivision
equates
term
seditious
criminal
anarchy
defined
penal
law
reference
penal
law
defining
criminal
anarchy
doctrine
organized
government
overthrown
force
violence
assassination
executive
head
executive
officials
government
unlawful
means
section
ends
sentence
advocacy
doctrine
either
word
mouth
writing
felony
sentence
draw
penal
law
proscribing
advocacy
criminal
anarchy
possible
scope
seditious
utterances
acts
virtually
limit
penal
law
one
commits
felony
advocating
criminal
anarchy
publicly
displays
book
containing
advocating
advising
teaching
doctrine
organized
government
overthrown
force
violence
unlawful
means
teacher
carries
copy
communist
manifesto
public
street
thereby
advocate
criminal
anarchy
answer
say
statute
applied
case
gainsay
potential
effect
obscure
wording
conscientious
scrupulous
regard
undertakings
baggett
bullitt
even
certain
definition
referred
solely
penal
law
scope
still
remains
indefinite
teacher
know
extent
seditious
utterance
must
transcend
mere
statement
abstract
doctrine
extent
must
intended
tend
indoctrinate
incite
action
furtherance
defined
doctrine
crucial
consideration
teacher
know
line
drawn
seditious
nonseditious
utterances
acts
provisions
also
defect
vagueness
subdivision
bars
employment
person
word
mouth
writing
wilfully
deliberately
advocates
advises
teaches
doctrine
forceful
overthrow
government
provision
plainly
susceptible
sweeping
improper
application
may
well
prohibit
employment
one
merely
advocates
doctrine
abstract
without
attempt
indoctrinate
others
incite
others
action
furtherance
unlawful
aims
see
herndon
lowry
yates
noto
scales
prohibiting
advising
doctrine
unlawful
overthrow
statute
prohibit
mere
advising
existence
doctrine
advising
another
support
doctrine
since
advocacy
doctrine
forceful
overthrow
separately
prohibited
need
person
teaching
advising
doctrine
advocate
teacher
informs
class
precepts
marxism
declaration
independence
violate
prohibition
similar
uncertainty
arises
application
subdivision
subsection
requires
disqualification
employee
involved
distribution
written
material
containing
advocating
advising
teaching
doctrine
forceful
overthrow
advocates
advises
teaches
embraces
duty
necessity
propriety
adopting
doctrine
contained
therein
mere
advocacy
abstract
doctrine
apparently
included
prohibition
distribution
matter
containing
doctrine
bar
histories
evolution
marxist
doctrine
tracing
background
french
american
russian
revolutions
additional
requirement
person
participating
distribution
material
one
advocates
advises
teaches
embraces
duty
necessity
propriety
adopting
doctrine
forceful
overthrow
alleviate
uncertainty
scope
section
exacerbates
like
language
subd
language
may
reasonably
construed
cover
mere
expression
belief
example
university
librarian
recommends
reading
materials
thereby
advocate
propriety
adopting
doctrine
contained
therein
benefit
judicial
gloss
new
york
courts
enlightening
us
scope
complicated
plan
light
intricate
administrative
machinery
enforcement
surprising
intricacy
plan
uncertainty
scope
proscriptions
make
highly
efficient
terrorem
mechanism
bold
teacher
stay
far
possible
utterances
acts
might
jeopardize
living
enmeshing
intricate
machinery
uncertainty
utterances
acts
proscribed
increases
caution
believe
written
law
means
says
baggett
bullitt
supra
result
must
stifle
free
play
spirit
teachers
especially
cultivate
practice
probability
enhanced
provisions
requiring
annual
review
every
teacher
determine
whether
utterance
act
inside
classroom
came
within
sanctions
laws
memorandum
warns
employees
statutes
subversive
activities
may
take
form
writing
articles
distribution
pamphlets
endorsement
speeches
made
articles
written
acts
performed
others
reminds
primary
duty
school
authorities
school
district
take
positive
action
eliminate
school
system
teacher
whose
case
evidence
guilty
subversive
activity
school
authorities
obligation
proceed
immediately
conclusively
every
case
doubt
legitimacy
new
york
interest
protecting
education
system
subversion
even
though
governmental
purpose
legitimate
substantial
purpose
pursued
means
broadly
stifle
fundamental
personal
liberties
end
narrowly
achieved
shelton
tucker
principle
inapplicable
legislation
aimed
keeping
subversives
teaching
ranks
de
jonge
oregon
said
greater
importance
safeguarding
community
incitements
overthrow
institutions
force
violence
imperative
need
preserve
inviolate
constitutional
rights
free
speech
free
press
free
assembly
order
maintain
opportunity
free
political
discussion
end
government
may
responsive
people
changes
desired
may
obtained
peaceful
means
therein
lies
security
republic
foundation
constitutional
government
essentiality
freedom
community
american
universities
almost
one
underestimate
vital
role
democracy
played
guide
train
youth
impose
strait
jacket
upon
intellectual
leaders
colleges
universities
imperil
future
nation
field
education
thoroughly
comprehended
man
new
discoveries
yet
made
particularly
true
social
sciences
principles
accepted
absolutes
scholarship
flourish
atmosphere
suspicion
distrust
teachers
students
must
always
remain
free
inquire
study
evaluate
gain
new
maturity
understanding
otherwise
civilization
stagnate
die
regulatory
maze
created
new
york
wholly
lacking
terms
susceptible
objective
measurement
cramp
board
public
instruction
supra
quality
extraordinary
ambiguity
found
fatal
oaths
considered
cramp
baggett
bullitt
en
common
intelligence
must
necessarily
guess
meaning
differ
application
baggett
bullitt
supra
vagueness
wording
aggravated
prolixity
profusion
statutes
regulations
administrative
machinery
manifold
interrelated
enactments
rules
therefore
hold
education
law
subdivisions
civil
service
law
implemented
machinery
created
pursuant
education
law
unconstitutional
iv
appellants
also
challenged
constitutionality
discrete
provisions
subdivision
subdivision
feinberg
law
make
communist
party
membership
prima
facie
evidence
disqualification
provision
added
subdivision
board
regents
following
notice
hearing
listed
communist
party
communist
party
state
new
york
subversive
organizations
subdivision
feinberg
law
however
adler
constitutionality
sustained
constitutional
doctrine
emerged
since
decision
rejected
major
premise
premise
public
employment
including
academic
employment
may
conditioned
upon
surrender
constitutional
rights
abridged
direct
government
action
teachers
said
adler
may
work
school
system
upon
reasonable
terms
laid
proper
authorities
new
york
choose
work
terms
liberty
retain
beliefs
associations
go
elsewhere
also
stated
teacher
denied
employment
membership
listed
organization
thereby
denied
right
free
speech
assembly
freedom
choice
membership
organization
employment
school
system
might
limited
freedom
speech
assembly
except
remote
sense
limitation
inherent
every
choice
however
appeals
second
circuit
correctly
said
earlier
stage
case
theory
public
employment
may
denied
altogether
may
subjected
conditions
regardless
unreasonable
uniformly
rejected
keyishian
board
regents
indeed
theory
expressly
rejected
series
decisions
following
adler
see
wieman
updegraff
slochower
board
education
cramp
board
public
instruction
supra
baggett
bullitt
supra
shelton
tucker
supra
speiser
randall
supra
see
also
schware
board
bar
examiners
torcaso
watkins
sherbert
verner
said
late
day
doubt
liberties
religion
expression
may
infringed
denial
placing
conditions
upon
benefit
privilege
proceed
question
validity
provisions
subdivision
subdivision
barring
employment
members
listed
organizations
constitutional
doctrine
developed
since
adler
mere
knowing
membership
without
specific
intent
unlawful
aims
organization
constitutionally
adequate
basis
exclusion
positions
held
appellants
elfbrandt
russell
said
join
organization
share
unlawful
purposes
participate
unlawful
activities
surely
pose
threat
either
citizens
public
employees
struck
statutorily
required
oath
binding
state
employee
become
member
communist
party
knowledge
unlawful
purpose
threat
discharge
perjury
prosecution
oath
violated
found
ny
lingering
doubt
proscription
mere
knowing
membership
without
showing
specific
intent
run
afoul
constitution
set
rest
decision
aptheker
secretary
state
elfbrandt
russell
supra
aptheker
held
party
membership
without
knowledge
party
unlawful
purposes
specific
intent
unlawful
aims
constitutionally
warrant
deprivation
right
travel
abroad
said
schneiderman
nder
traditions
beliefs
personal
matter
mere
association
men
adhering
political
party
organization
subscribe
unqualifiedly
platforms
asserted
principles
law
applies
membership
without
specific
intent
illegal
aims
organization
infringes
unnecessarily
protected
freedoms
rests
doctrine
guilt
association
place
elfbrandt
supra
thus
mere
party
membership
even
knowledge
party
unlawful
goals
suffice
justify
criminal
punishment
see
scales
noto
yates
may
warrant
finding
moral
unfitness
justifying
disbarment
schware
board
bar
examiners
limitations
clearly
apply
provision
like
subd
blankets
state
employees
regardless
sensitivity
positions
even
feinberg
law
provision
applicable
primarily
activities
teachers
captive
audiences
young
minds
subject
limitations
favor
freedom
expression
association
stifling
effect
academic
mind
curtailing
freedom
association
manner
manifest
documented
recent
studies
elfbrandt
aptheker
state
governing
standard
legislation
sanctions
membership
unaccompanied
specific
intent
unlawful
goals
organization
active
membership
violates
constitutional
limitations
measured
standard
civil
service
law
subd
education
law
subd
sweep
overbroadly
association
may
proscribed
presumption
disqualification
arising
proof
mere
membership
may
rebutted
denial
membership
denial
organization
advocates
overthrow
government
force
denial
teacher
knowledge
advocacy
lederman
board
education
app
div
aff
thus
proof
nonactive
membership
showing
absence
intent
unlawful
aims
rebut
presumption
defeat
dismissal
emphasized
official
administrative
interpretations
example
said
letter
addressed
prospective
appointees
president
state
university
note
law
regulations
specifically
directed
toward
elimination
nonappointment
communists
teaching
ranks
feinberg
certificate
even
explicit
anyone
member
communist
party
organization
advocates
violent
overthrow
government
state
new
york
political
subdivision
thereof
employed
state
university
emphasis
supplied
official
administrative
interpretation
supported
legislative
preamble
feinberg
law
legislature
concludes
result
findings
essential
laws
prohibiting
persons
members
subversive
groups
communist
party
affiliated
organizations
obtaining
retaining
employment
public
schools
rigorously
enforced
emphasis
supplied
thus
subd
subd
suffer
impermissible
overbreadth
elfbrandt
russell
supra
aptheker
secretary
state
supra
button
supra
saia
new
york
schneider
state
lovell
griffin
cf
hague
see
generally
dombrowski
pfister
seek
bar
employment
association
legitimately
may
proscribed
association
may
proscribed
consistently
first
amendment
rights
statutes
overbroad
sweep
vague
hazard
loss
substantial
impairment
precious
rights
may
critical
dombrowski
pfister
supra
since
covered
statute
bound
limit
behavior
unquestionably
safe
said
shelton
tucker
supra
breadth
legislative
abridgment
must
viewed
light
less
drastic
means
achieving
basic
purpose
therefore
hold
civil
service
law
subd
education
law
subd
invalid
insofar
proscribe
mere
knowing
membership
without
showing
specific
intent
unlawful
aims
communist
party
state
new
york
judgment
district
reversed
case
remanded
proceedings
consistent
opinion
reversed
remanded
appendix
opinion
civil
service
law
ineligibility
persons
advocating
overthrow
government
force
unlawful
means
person
shall
appointed
office
position
service
state
civil
division
thereof
shall
person
employed
office
position
continued
employment
shall
person
employed
public
service
superintendent
principal
teacher
public
school
academy
state
college
state
educational
institution
word
mouth
writing
wilfully
deliberately
advocates
advises
teaches
doctrine
government
state
political
subdivision
thereof
overthrown
overturned
force
violence
unlawful
means
prints
publishes
edits
issues
sells
book
paper
document
written
printed
matter
form
containing
advocating
advising
teaching
doctrine
government
state
political
subdivision
thereof
overthrown
force
violence
unlawful
means
advocates
advises
teaches
embraces
duty
necessity
propriety
adopting
doctrine
contained
therein
organizes
helps
organize
becomes
member
society
group
persons
teaches
advocates
government
state
political
subdivision
thereof
shall
overthrown
force
violence
unlawful
means
purposes
section
membership
communist
party
america
communist
party
state
new
york
shall
constitute
prima
facie
evidence
disqualification
appointment
retention
office
position
service
state
city
civil
division
thereof
person
dismissed
declared
ineligible
pursuant
section
may
within
four
months
dismissal
declaration
ineligibility
entitled
petition
order
show
cause
signed
justice
hearing
charges
final
judgment
said
hearing
entered
order
show
cause
shall
stay
effect
order
dismissal
ineligibility
based
provisions
section
provided
however
stay
person
dismissed
shall
suspended
without
pay
final
determination
shall
favor
shall
restored
position
pay
period
suspension
less
amount
compensation
may
earned
employment
occupation
unemployment
insurance
benefits
may
received
period
hearing
shall
consist
taking
testimony
open
opportunity
cross
examination
burden
sustaining
validity
order
dismissal
ineligibility
fair
preponderance
credible
evidence
shall
upon
person
making
dismissal
order
ineligibility
removal
treasonable
seditious
acts
utterances
person
civil
service
state
civil
division
thereof
shall
removable
therefrom
utterance
treasonable
seditious
word
words
treasonable
seditious
act
acts
holding
position
purpose
subdivision
treasonable
word
act
shall
mean
treason
defined
penal
law
seditious
word
act
shall
mean
criminal
anarchy
defined
penal
law
education
law
person
employed
superintendent
schools
teacher
employee
public
schools
city
school
district
state
shall
removed
position
utterance
treasonable
seditious
word
words
treasonable
seditious
act
acts
holding
position
elimination
subversive
persons
public
school
system
board
regents
shall
adopt
promulgate
enforce
rules
regulations
disqualification
removal
superintendents
schools
teachers
employees
public
schools
city
school
district
state
faculty
members
personnel
employees
college
institution
higher
education
owned
operated
state
subdivision
thereof
violate
provisions
section
three
thousand
article
ineligible
appointment
retention
office
position
public
schools
institutions
higher
education
grounds
set
forth
section
civil
service
law
shall
provide
therein
appropriate
methods
procedure
enforcement
sections
article
civil
service
law
board
regents
shall
inquiry
notice
hearing
may
appropriate
make
listing
organizations
finds
subversive
advocate
advise
teach
embrace
doctrine
government
state
political
subdivision
thereof
shall
overthrown
overturned
force
violence
unlawful
means
advocate
advise
teach
embrace
duty
necessity
propriety
adopting
doctrine
set
forth
section
civil
service
law
listings
may
amended
revised
time
time
board
making
inquiry
may
utilize
similar
listings
designations
promulgated
federal
agency
authority
authorized
federal
law
regulation
executive
order
purposes
inquiry
board
may
request
receive
federal
agencies
authorities
supporting
material
evidence
may
made
available
board
regents
shall
provide
rules
regulations
required
subdivision
one
hereof
membership
organization
included
listing
made
shall
constitute
prima
facie
evidence
disqualification
appointment
retention
office
position
public
schools
state
board
regents
shall
annually
fifteenth
day
february
separate
report
render
legislature
full
statement
measures
taken
enforcement
provisions
law
require
compliance
therewith
reports
shall
contain
description
surveys
made
board
regents
time
time
may
appropriate
ascertain
extent
provisions
law
enforced
city
school
districts
state
rules
board
regents
adopted
july
article
xviii
subversive
activities
school
authorities
school
district
shall
take
necessary
action
put
effect
following
procedures
disqualification
removal
superintendents
teachers
employes
violate
provisions
section
education
law
section
civil
service
law
prior
appointment
superintendent
teacher
employe
nominating
official
addition
making
due
inquiry
candidate
academic
record
professional
training
experience
personal
qualities
shall
inquire
prior
employers
persons
may
position
furnish
pertinent
information
whether
candidate
known
violated
aforesaid
statutory
provisions
including
provisions
respect
membership
organizations
listed
board
regents
subversive
accordance
paragraph
hereof
person
found
violated
said
statutory
provisions
shall
eligible
employment
school
authorities
shall
require
one
officials
employ
shall
designate
purpose
submit
writing
later
october
later
september
school
year
thereafter
report
teacher
employe
report
shall
either
state
evidence
indicating
teacher
employe
violated
statutory
provisions
herein
referred
including
provisions
respect
membership
organizations
listed
regents
subversive
accordance
paragraph
hereof
evidence
indicating
violation
said
statutory
provisions
including
membership
subversive
organization
recommend
action
taken
dismiss
teacher
employe
ground
specified
violation
violations
law
school
authorities
shall
prepare
reports
superintendent
schools
officials
may
directly
responsible
including
officials
designated
accordance
subdivision
paragraph
school
authorities
shall
proceed
promptly
possible
event
within
days
submission
recommendations
required
subdivision
paragraph
either
prefer
formal
charges
superintendents
teachers
employes
evidence
justifies
action
reject
recommendations
action
following
determination
required
subdivision
paragraph
school
authorities
shall
immediately
institute
proceedings
dismissal
superintendents
teachers
employes
cases
judgment
evidence
indicates
violation
statutory
provisions
herein
referred
proceedings
persons
serving
probation
tenure
appropriate
statutory
procedure
dismissal
shall
followed
proceedings
persons
serving
contract
provisions
tenure
law
school
authorities
shall
conduct
hearings
charges
deem
exigencies
warrant
taking
final
action
dismissal
cases
rights
fair
trial
representation
counsel
appeal
review
provided
statute
constitution
shall
scrupulously
observed
pursuant
chapter
laws
board
regents
issue
list
may
amended
revised
time
time
organizations
board
finds
subversive
advocate
advise
teach
embrace
doctrine
government
state
political
subdivision
thereof
shall
overthrown
overturned
force
violence
unlawful
means
advocate
advise
teach
embrace
duty
necessity
propriety
adopting
doctrine
set
forth
section
civil
service
law
evidence
membership
organization
listed
tenth
day
subsequent
date
official
promulgation
list
shall
constitute
prima
facie
evidence
disqualification
appointment
retention
office
position
school
system
evidence
membership
organization
prior
said
day
shall
presumptive
evidence
membership
continued
absence
showing
membership
terminated
good
faith
first
day
december
year
school
authorities
school
district
shall
render
commissioner
education
full
report
officially
adopted
school
authorities
signed
presiding
officer
measures
taken
enforcement
regulations
calendar
year
ending
day
october
preceding
report
shall
include
statement
total
number
superintendents
teachers
employes
employ
school
district
number
superintendents
teachers
employes
school
authorities
officials
designated
reported
evidence
indicating
employes
violated
statutory
provisions
herein
referred
including
provisions
respect
membership
organizations
listed
regents
subversive
number
superintendents
teachers
employes
whose
cases
school
authorities
officials
designated
recommended
action
taken
dismiss
employes
question
grounds
specified
violations
law
evidence
membership
subversive
organization
report
shall
also
include
group
listed
statement
number
cases
charges
preferred
status
final
disposition
cases
number
cases
school
authorities
concluded
evidence
reported
designated
officials
warrant
preferring
charges
number
cases
school
authorities
determined
october
school
year
question
action
taken
immediately
upon
finding
school
authorities
person
disqualified
appointment
retention
employment
regulations
said
school
authorities
shall
report
commissioner
education
name
person
evidence
supporting
disqualification
including
transcript
official
records
hearings
charges
conducted
penal
law
criminal
anarchy
doctrine
organized
government
overthrown
force
violence
assassination
executive
head
executive
officials
government
unlawful
means
advocacy
doctrine
either
word
mouth
writing
felony
advocacy
criminal
anarchy
person
word
mouth
writing
advocates
advises
teaches
duty
necessity
propriety
overthrowing
overturning
organized
government
force
violence
assassination
executive
head
executive
officials
government
unlawful
means
prints
publishes
edits
issues
knowingly
circulates
sells
distributes
publicly
displays
book
paper
document
written
printed
matter
form
containing
advocating
advising
teaching
doctrine
organized
government
overthrown
force
violence
unlawful
means
openly
wilfully
deliberately
justifies
word
mouth
writing
assassination
unlawful
killing
assaulting
executive
officer
state
civilized
nation
organized
government
official
character
crime
intent
teach
spread
advocate
propriety
doctrines
criminal
anarchy
organizes
helps
organize
becomes
member
voluntarily
assembles
society
group
assembly
persons
formed
teach
advocate
doctrine
guilty
felony
punishable
imprisonment
ten
years
fine
five
thousand
dollars
resolutions
board
trustees
state
university
new
york
resolved
resolution
adopted
october
incorporated
policies
board
trustees
section
title
article
xi
thereof
procedure
new
academic
appointments
therein
referred
hereby
rescinded
resolved
title
article
xi
policies
board
trustees
amended
adding
new
section
thereto
read
follows
procedure
appointments
initial
appointment
shall
hereafter
made
position
certified
professional
service
university
pursuant
section
civil
service
law
officer
authorized
make
appointment
make
initial
recommendation
therefor
shall
send
give
prospective
appointee
statement
prepared
president
concisely
explaining
disqualification
imposed
section
civil
service
law
section
education
law
rules
board
regents
thereunder
including
presumption
disqualification
reason
membership
organizations
listed
board
regents
officer
addition
due
inquiry
candidate
record
professional
training
experience
personal
qualities
shall
make
cause
made
inquiry
may
needed
satisfy
whether
candidate
disqualified
provisions
statute
rules
question
arise
course
inquiry
candidate
may
request
officer
may
require
personal
interview
refusal
candidate
answer
question
relevant
inquiry
officer
shall
sufficient
ground
refuse
make
recommend
appointment
appointment
recommendation
appointment
shall
constitute
certification
appointing
recommending
officer
due
inquiry
made
finds
reason
believe
candidate
disqualified
appointment
resolved
person
presently
employed
heretofore
employed
university
failed
sign
certificate
required
procedure
new
academic
appointments
adopted
october
shall
deemed
disqualified
ineligible
solely
reason
failure
appointment
reappointment
professional
service
university
manner
provided
new
section
title
article
xi
policies
board
trustees
adopted
resolution
day
resolved
person
presently
employed
university
shall
deemed
ineligible
disqualified
continuance
employment
prescribed
term
thereof
subject
charges
misconduct
solely
reason
failure
provided
found
qualified
continuance
chief
administrative
officer
institution
employed
accordance
procedures
prescribed
said
new
section
title
article
xi
policies
board
trustees
section
section
footnotes
district
initially
refused
convene
supp
reversed
appeals
second
circuit
history
new
york
legislation
including
feinberg
law
see
chamberlain
loyalty
legislative
action
author
article
gellhorn
subversion
sole
vagueness
contention
adler
concerned
word
subversive
appearing
preamble
caption
merit
suggestion
advanced
attorney
general
new
york
first
time
brief
education
law
subd
civil
service
law
pertinent
inquiry
section
education
law
incorporates
reference
provisions
thereby
rendering
applicable
faculty
members
colleges
institutions
higher
education
one
reasons
appeals
ordered
convening
substantial
federal
question
presented
fact
adler
refused
pass
upon
constitutionality
section
several
statutory
amendments
section
civil
service
law
subsequent
adler
also
properly
found
provisions
applicable
appellants
holding
constitutional
significant
appellees
consistently
defended
constitutionality
sections
courts
moreover
rendered
decision
upon
basis
stipulation
fact
paragraph
recites
section
incorporates
full
reference
implements
section
civil
service
law
section
new
york
state
education
law
follows
subdivision
section
amended
directs
board
regents
adopt
enforce
rules
regulations
elimination
persons
barred
employment
public
school
system
college
institution
higher
education
owned
state
new
york
political
subdivision
thereof
reason
violation
provisions
section
civil
service
law
section
new
york
state
education
law
penal
law
replaced
effective
september
single
provision
entitled
criminal
advocacy
new
york
state
legislative
committee
public
employee
security
procedures
describing
provision
noted
disqualifying
employment
advocate
teach
doctrine
violent
overthrow
government
distinguished
language
smith
act
construed
make
criminal
incite
action
forcible
overthrow
government
teach
abstract
doctrine
forcible
overthrow
yates
state
legis
annual
compare
smith
act
punishes
one
prints
publishes
edits
issues
circulates
sells
distributes
publicly
displays
written
printed
matter
advocating
advising
teaching
duty
necessity
desirability
propriety
unlawful
overthrow
provided
shown
intent
cause
overthrow
destruction
government
case
abstention
pending
state
interpretation
appropriate
baggett
bullitt
supra
dombrowski
pfister
wieman
updegraff
frankfurter
concurring
whether
loss
public
employment
constitutes
punishment
cf
lovett
doubt
repressive
impact
threat
discharge
less
direct
substantial
see
lazarsfeld
thielens
academic
mind
biddle
fear
freedom
et
seq
jahoda
cook
security
measures
freedom
thought
exploratory
study
impact
loyalty
security
programs
yale
see
generally
maciver
academic
freedom
time
hullfish
educational
freedom
age
anxiety
konvitz
expanding
liberties
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