loyalty oaths, in 2005

[David Farber <dave () farber net>]

You should have gone to UPenn or CMU djf

Begin forwarded message:

From: "Steven M. Bellovin" <smb () cs columbia edu>
Date: July 21, 2005 10:01:59 PM EDT
To: dave () farber net
Subject: loyalty oaths, in 2005


As many of you know, I comparatively recently joined the university
faculty.  There were many reasons for my move; one, of course, was the
lure of academic freedom.  Imagine my surprise when I received a letter
informing me that state law required me to sign a loyalty oath.

You can find the full text in Section 3002, at
http://assembly.state.ny.us/leg/?cl=30&a=75 .  Here's the text I have
to sign:

    I do hereby pledge and declare that I will support the
    constitution of the United States and the constitution of
    the State of New York, and that I will faithfully discharge
    the duties of the position of ..........................according
    to the best of my ability.

This applies to any faculty member at any tax-exempt university in  
the state,
private or public.

Do other states have similar rules?  How in the name of the First
Amendment has this survived constitutional scrutiny?  Lexis suggests
challenges as late as 1971; lower courts affirmed the requirement,
and the Supreme Court declined to hear the appeals.


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