# Perry v. Sindermann

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Perry v. Sindermann, 408 U.S. 593 (1972), was a United States Supreme Court decision affecting educational case law involving tenure and due process.

## Concurring Opinion

    Burger

## Dissenting Opinions

    Brennan
    Marshall
Supreme Court of the United States
408 U.S. 593
Perry et al. v. Sindermann
Certiorari to the United States Court of Appeals for the Fifth Circuit
No. 70-36. Argued: January 18, 1972 --- Decided: June 29, 1972
Respondent was employed in a state college system for 10 years, the last four as a junior college professor under a series of one-year written contracts. The Regents declined to renew his employment for the next year, without giving him an explanation or prior hearing. Respondent then brought this action in the District Court, alleging that the decision not to rehire him was based on respondent's public criticism of the college administration and thus infringed his free speech right, and that the Regents' failure to afford him a hearing violated his procedural due process right. The District Court granted summary judgment for petitioners, concluding that respondent's contract had terminated and the junior college had not adopted the tenure system. The Court of Appeals reversed on the grounds that, despite lack of tenure, nonrenewal of respondent's contract would violate the Fourteenth Amendment if it was in fact based on his protected free speech, and that if respondent could show that he had an "expectancy" of re-employment, the failure to allow him an opportunity for a hearing would violate the procedural due process guarantee.
Held:
    1. Lack of a contractual or tenure right to re-employment, taken alone, did not defeat respondent's claim that the nonrenewal of his contract violated his free speech right under the First and Fourteenth Amendments. The District Court therefore erred in foreclosing determination of the contested issue whether the decision not to renew was based on respondent's exercise of his right of free speech.
    2. Though a subjective "expectancy" of tenure is not protected by procedural due process, respondent's allegation that the college had a de facto policy, arising from rules and understandings officially promulgated and fostered, entitled him to an opportunity of proving the legitimacy of his claim to job tenure. Such proof would obligate the college to afford him a requested hearing where he could be informed of the grounds for his nonretention and challenge their sufficiency. Pp. 599-603.
430 F. 2d 939, affirmed.
STEWART, J,, delivered the opinion of the Court, in which BURGER, C.J., and WHITE, BLACKMUN, and REHNQUIST, JJ., joined. BURGER, C.J., filed a concurring opinion, post, p. 603. BRENNAN, J., filed an opinion dissenting in pat, in which DOUGLAS, J., joined, post, p. 604. MARSHALL, J., filed an opinion dissenting in part, post, p. 605. POWELL, J., took no part in the decision of the case.
W.O. Shafer argued the cause for petitioners. With him on the brief was Lucius D. Bunton.
Michael H. Gottesman argued the cause for respondent. With him on the brief were George H. Cohen and Warren Burnett.
Briefs of amici curiae urging affirmance were filed by David Rubin and Richard J. Medalie for the National Education Association; by John Ligtenberg and Andrew J. Leahy for the American Federation of Teachers; and by Herman I. Orentlicher and William W. Van Alstyne for the American Association of University Professors.