In the Matter of the Board of Education of the City of New York et al., Appellants,
v.
James E. Allen, Jr., as Commissioner of Education of the State of New York, et al., Respondents.
In the Matter of the Board of Higher Education of the City of New York, Appellant,
v.
James E. Allen, Jr., as Commissioner of Education of the State of New York, et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 5, 1959.
Decided May 28, 1959.
Attorney(s) appearing for the Case
Charles H. Tenney, Corporation Counsel (Leo A. Larkin, Saul Moskoff, John F. Kelly and Milton Weinberg of counsel), for appellants in each of the above-entitled proceedings.
Charles A. Brind, John P. Jehu, Elizabeth M. Eastman and George B. Farrington for Commissioner of Education, respondent in the first above-entitled proceeding.
Victor Rabinowitz for Harry Adler and others, respondents in the first above-entitled proceeding.
David I. Ashe for Samuel S. Cohen, respondent in the first above-entitled proceeding.
Charles A. Brind, John P. Jehu, Elizabeth M. Eastman and George B. Farrington for Commissioner of Education, respondent in the second above-entitled proceeding.
Osmond K. Fraenkel for Charles W. Hughes, respondent in the second above-entitled proceeding.
Jerome R. Hellerstein and Will Maslow for American Jewish Congress, amicus curiæ, in support of respondents' position in the first above-entitled proceeding.
Robert M. Benjamin, Frank E. Karelsen and Bethuel M. Webster for Public Education Association, amicus curiæ, in support of respondents' position in the first above-entitled proceeding.
Frank Serri, Harold D. Kozupsky and Robert Silk for National Lawyers Guild, New York City Chapter, amicus curiæ, in support of respondents' position in the first above-entitled proceeding.
Benjamin Mazen and Jules Kolodny for New York Teachers Guild, amicus curiæ, in support of respondents' position in the first above-entitled proceeding.
Judges DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS concur with Chief Judge CONWAY; Judge BURKE dissents in an opinion.
Court of Appeals of the State of New York.
Chief Judge CONWAY.
The individual respondents in the first of these cases are three teachers, a school clerk and a principal in the New York City school system who refused, when questioned by petitioner-appellant, Superintendent of Schools of the City of New York, to identify other school personnel as past or present members of the Communist party. All admitted past, but denied present membership in the Communist...
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