Evening star., 1952-03-03
High Court Backs Feinberq Act
Barring 'Subversives' From Jobs
In New York's Public Schools
Justices Split, 6-3;
Douglas, Black Note
Vigorous Dissents
By Robert K. Welsh

The Supreme Court today up
held constitutionality of a New
York law which bars Communists
and other "subversives" from en-
ployment in the public school
system of the State.
Justices Black, Douglas and
Frankfurter dissented in the 6-3
opinion written by Justice Minton.
The so-called Feinberg law was
upheld last year by the courts OF
that State. Opponents of the law
appealed to the Supreme Court
and contended the law violated
constitutional guarantees of free
dom OF speech and assembly.
Maryland has somewhat SIM
liar statute known as the Ober
law. That law, however, is much
more extensive. It was upheld
by the Supreme Court last year.
The law, passed in 1949 was rat
if1ed by an overwhelming vote in
q general election. All public
employees. school teachers and
heads of institutions receiving
State funds are required to sign
loyalty affldavits. 1t provides fines
and prison sentences for mem
bership in organizations designat-
ed subversive. Candidates for
State and city Offices also must
sign loyalty oaths.
Majority Opinion.
In the majority opinion today,
Justice Minton declared that per-
sons unquestionably have a right
to assemble. speak, think and be-
lieve as they will.
But it is equally clear that they
have no right to work for the
State in school system on their
own terms" Justice Minton con-.
tinued. They may work for the
school system upon the reasonable
terms laid down by the proper
authorities of New York. If they
do not choose to work on such
terms they are at liberty to retain
their beliefs and associations and
60 elsewhere.
Justice Minton noted that a.
teacher works in a sensitive area
in school room and shapes the
attitude of young minds toward
the society in which they live" "
He declared that the State has a
vital concern" in that process
and in preserving the integrity
Of the schools"
That the school authorities
have the right and duty to screen
the officials, teachers and en-
ployes as TO their fitness to main
tain the integrity of the schools as
a part of ordered society cannot be
doubted" Justice Minton said.
Ones associates. past and pres
ent, as well as ones conduct may
properly be considered in deter
mining fitness and loyalty"
Vigorous Dissent.
Justice Douglas vigorously criti-
cized the majority opinion by de-
scribing it as further support of
the recent doctrine that a citizen
who enters the public service can
be forced to sacrifice his civil
rights"
Justice Douglas continued:
II cannot find in our constitu-I
tional scheme the power of a State
to place its employees in the cate
CORY Of second-class citizens by
denying them freedom of thought
and expression. The Constitution
guarantees freedom of thought and
expression to every one in our So
ciety. All are entitled to it and
none needs it more than the
teacher"
Justice Douglas predicted that
the guilt by association" pro-
visions in the Feinberg law is
certain to raise havoc with aca-
demic freedom"
youthful indiscretions, mis-
taken causes, miguided enthu-
Siams-all long forgotten-be-
come the ghosts of a narrowing
present. teacher caught in that
mesh is almost certain to stand
condemned. Fearing condemna-
ton she will tend to shrink from
any association that Stirs con-
troversy. In that manner freedom
Of expression will be Stifled."
Typical of Police State.
Justice Douglas denounced the
Feinberg law as a statue which
inevitably turns the school Sys-
tenn into spying project" He as
serted that what happens under
this law is typical of what hap
pens in a police state"
Justice Black, in his dissent.
said the law makes public officials
public masters instead of public
servants.
This is another of those rapidly
multiplying legislative enactmentS
which make it dangerous-this
time for school teachers-to think
or say anything except what
transient majority happens to ap-
prove at the moment. BaSically
these laws rest on the belief that
Government should supervise and
limit the flow of ideas into the
minds Of men. The tendency of
such governmental policy is to
mold people into a common intel
lectual pattern"
Justice Frankfurter based his
dissent mainly on belief that the
court should have dismissed the
appeal on juriSdictional issue in
stead of passing on the constitu-
tional question.
Gruvel Worker browns
William d. GreppS % NJ S2o