Word: schirick
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...issue, Judge Schirick said, was not whether or not there was a constitutional right to be a teacher, but whether or not the grounds for denying this right or privilege were constitutional. Schirick decided that the grounds were not constitutional for two reasons...
...suits brought by the first two groups were decided on November 28, when Supreme Court Justice Harry E. Schirick of Albany ruled that the Feinberg Law was unconstitutional and permanently restrained the Board of Regents from enforcing...
...similar ruling was made by Brooklyn Supreme Court Justice Murray Hearn two weeks later in the suits brought by the Teachers Union and individual tax-payers. Hearn also voided the Feinberg Law and ordered the New York City Board of Education not to enforce it. His decision closely resembled Schirick's decision, but Hearn added the complaint that a teacher's "rights on appeal are ambiguous and essentially inadequate...
...Judge Schirick's decision was reversed on March 8. The Third Department of the Appellate Division threw out the Communist Party suit on the grounds that it was "moot," with no personal rights affected. In the other suit, brought by present and former teachers, Judge Christopher Heffernan ruled that the objections to the Feinberg Law were invalid because "there is no constitutional right to be a teacher." He added that the Law protected teachers' rights by providing that the Board of Regents must hold hearings before drawing up lists of "subversive" groups...
Last week, after test cases brought by the Communist Party and a teachers' group, State Supreme Court Justice Harry E. Schirick declared the law a bill of attainder (i.e., a legislative act that punishes without trial) and therefore unconstitutional. In its vagueness, said Schirick, the act was a "dragnet which may enmesh anyone who agitates for a change of Government...
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