MONROE v. TRUSTEES OF THE CALIFORNIA STATE COLLEGES

Docket No. L.A. 29926.

6 Cal.3d 399 (1971)

491 P.2d 1105

99 Cal. Rptr. 129

ALBERT E. MONROE, Plaintiff and Appellant, v. TRUSTEES OF THE CALIFORNIA STATE COLLEGES, Defendant and Respondent.

Supreme Court of California. In Bank.

December 30, 1971.


Attorney(s) appearing for the Case

COUNSEL

Gibson, Dunn & Crutcher, Samuel O. Pruitt, Jr., Paul G. Bower, Bette B. Gallo, Don Parris, David A. Cathcart, Thomas E. Gallagher, Joan L. Freeman, Robert A. Miller and Merle W. Wood II for Plaintiff and Appellant.

Thomas C. Lynch and Evelle J. Younger, Attorneys General, Sanford N. Gruskin, Assistant Attorney General, Henry G. Ullerich and Howard J. Schwab, Deputy Attorneys General, for Defendant and Respondent.


OPINION

TOBRINER, J.

In November 1950, Albert E. Monroe (hereinafter petitioner), then a tenured, full professor and Chairman of the Language Arts Division at San Francisco State College, was discharged from his teaching position solely on the basis of his refusal to sign the "Levering Oath," a loyalty oath formerly embodied in section 3103 of the Government Code. In 1952 this court in

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