KEYISHIAN v. BOARD OF REGENTS

No. 105.

385 U.S. 589 (1967)

KEYISHIAN ET AL. v. BOARD OF REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK ET AL.

Supreme Court of United States.

Decided January 23, 1967.


Attorney(s) appearing for the Case

Richard Lipsitz argued the cause for appellants. With him on the briefs was Rosario J. Di Lorenzo.

Ruth V. Iles, Assistant Attorney General of New York, argued the cause for appellees Board of Regents et al. With her on the brief were Louis J. Lefkowitz, Attorney General, and Ruth Kessler Toch, Acting Solicitor General. John C. Crary, Jr., argued the cause and filed a brief for appellees Board of Trustees of the State University of New York et al.

Osmond K. Fraenkel filed a brief for the American Civil Liberties Union et al., as amici curiae, urging reversal. Ralph F. Fuchs, Bernard Wolfman and Herman I. Orentlicher filed a brief for the American Association of University Professors, as amicus curiae.


MR. JUSTICE BRENNAN delivered the opinion of the Court.

Appellants were members of the faculty of the privately owned and operated University of Buffalo, and became state employees when the University was merged in 1962 into the State University of New York, an institution of higher education owned and operated by the State of New York. As faculty members of the State University their continued employment was conditioned upon their compliance with a New York plan...

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