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Constitutional Law - Due Process - Automatic And Permanent Dismissal Of Public School Teachers For Invoking The Privilege Against Self-Incrimination, John B. Huck S.Ed.
Constitutional Law - Due Process - Automatic And Permanent Dismissal Of Public School Teachers For Invoking The Privilege Against Self-Incrimination, John B. Huck S.Ed.
Michigan Law Review
Petitioners, employed as public school teachers in New York City, were subpoenaed to appear before a Senate Internal Security Subcommittee. When questioned by the committee about communist activities, petitioners asserted the constitutional privilege against self-incrimination. Pursuant to the New York City Charter, they were summarily dismissed and permanently barred from re-employment by the city. No hearing was required nor given prior to the dismissal. There was no evidence of conduct otherwise warranting a dismissal. In an action for reinstatement, held, dismissal affirmed. Daniman v. Board of Education of City of New York, 306 N.Y. 532, 119 N.E. (2d) …