CONSTITUTIONAL LAW-CIVIL RIGHTS-DISCHARGE OF TEACHERS FOR SUBVERSIVE ACTIVITY

An action was brought seeking a declaratory judgment as to the constitutionality of New York's Feinberg law. The statute provided that the Board of Regents of the University of the State of New York should list organizations found to be subversive. Membership in such organizations was made prima facie disqualification for the position of public school teacher. At the time of suit the Board of Regents had made no listing of subversive groups nor had any teacher been discharged under the provisions of this enactment.

The supreme court of New York, special term, held the law unconstitutional; the appellate division reversed. Held, affirmed. The statute is not a denial of due process and does not constitute a bill of attainder, because the legislature has authority to prescribe conditions of employment and removal of public school teachers. Thompson v. Wallin, 301 N.Y. 476, 95 N.E. (2d) 806 (1950).