Keyishian v. Board of Regents
Keyishian v. Board of Regents is a landmark Supreme Court case from 1967 that addressed the constitutionality of a New York law requiring public school teachers to take a loyalty oath affirming they were not affiliated with communism or subversive organizations. The Court, in a 5-4 decision, found that the law violated teachers' free speech rights, as it compelled individuals to surrender constitutional protections in order to gain public employment. The ruling highlighted issues of vagueness, indicating that the law did not effectively distinguish between advocating for an ideology and inciting violence. This case is significant in the discourse surrounding freedom of speech, employment rights, and the limits of loyalty oaths in public employment. The dissenting justices raised concerns about the potential impacts of the ruling on national security and public trust in educators. Overall, Keyishian v. Board of Regents remains an essential reference point in discussions about civil liberties and the balance between security and freedom within the context of public service.
Keyishian v. Board of Regents
Date: January 23, 1967
Citation: 385 U.S. 589
Issue: Loyalty oaths
Significance: The Supreme Court struck down loyalty oaths for public school teachers.
Justice William J. Brennan, Jr., wrote the decision for the 5-4 majority that struck down a New York law requiring public school teachers to swear a loyalty oath certifying that they were not communists or members of allegedly subversive organizations. The Supreme Court ruled that the law deprived them of their free speech rights and meant a citizen had improperly to risk losing constitutional rights in order to accept public employment. A major part of the law’s failing was its unconstitutional vagueness that did not separate advocacy of an abstract doctrine from actual incitement to violence. Justices Tom C. Clark, John M. Harlan II, Potter Stewart, and Byron R. White dissented.
