Evening star., 1952-03-05
The Integrity Of the Schools

The Integrity Of the Schools
The Supreme Court has ruled that New
York has a constitutional right to bar Com
munists and fellow travellers from teaching and
other positions in its public schools.
It is hard to believe that there should be
serious objection to such a safeguard. But the
fact is that the New York law has been the
target Of the most extreme attack-including
an extravagant denunciation by two of the
judges of the Supreme Court.
The New York statute, known as the
Feinberg law, has clear and simple purpose.
It applies to superintendents, teachers and other
employees of the public schools. It forbids the
hiring for such position, and commands the
dismissal If already employed, OF any person
who advocates the overthrow of the Govern
ment by unlawful means or who is member
of any organization with like purpose.
The provision with respect to membership
In subversive organizations is not catchall
proposition. The school authorities cannot list
an organization as subversive until after full
notice and hearing Continued membership in
a listed organization by teacher is treated
only as prima facie evidence Of disqualification.
What this means is that an accused teacher is
entitled to a hearing, with the right to be
represented by counsel. At that hearing she
can offer evidence to overcome the presumption
of guilt arising from mere membership In
listed organization and she Is given the right
to judicial review of the finding. Finally, prior
to dismissal the school authorities must prove
that an accused teacher kneD that the listed
organization to which she continued to belong
was subversive in purpose.
From this it is clear that the State sought
to provide every reasonable protection against
abuse that would be consistent with what the
court majority described as its duty to preserve
the integrity of the schools" 1t Is hard to be-
lieve that any judge would object to such a
carefully drawn safeguard against the danger
of indoctrination of school children by Com
munists and their allies. But Justice Douglas,
Joined by Justice Black, did object, and he
wrote a dissenting opinion in which he saw every
bugaboo that there is to be seen-under the
bed, in the closet and behind the door.
The New York law, he said, rests on the
principle of guilt by association" 1t reveals
that the witch hunt" is on. 1t turns the school
system into Spying project" in which stu
dents, parents and the community become "in-
formers" It is typical of the "police state"
In one OF his sentences, "a pail is cast over the
classroom and few sentences later he finds
that ffear stalks the classroom" A censor"
peers over the teachers shoulder. the pupils are
trained to be robots" etc, etc.
If Justice Douglas overlooked any of the
scare cliches that have become fixed in the
vocabulary of those who view with alarm when
any step is taken to combat the spread of Com
munist doctrine, IL does not come readily to
mind He does say that the school systems OF
the country "need not, become cells for Com
munist activities" But he also says that so
long as a teacher els law-abiding citizen, so
long as her performance within the public
school system meets professional standards, her
private life, her political philosophy her social
creed should not be the cause OF reprisals
against her"
This MEANS presumably, that in Justice
Douglas opinion teacher can be an active
member of the Communist Party. She can
preach Communist doctrine from the housetops.
She can belong to organizations which have
been listed as advocating the unlawful over
throw of the Government. But she cannot be
barred from job in the public schools as long
as she does not break any laws, and as long as
her work meets professional standards"
If this is a correct Interpretation OF his
views, there is ample ground for qualification
in the fact that Justice Douglas speaks for
minority, and not the majority, OF the Supreme
Court