more on loyalty oaths, in 2005

[David Farber <dave () farber net>]

Begin forwarded message:

From: David Mercer <radix42 () gmail com>
Date: July 27, 2005 9:48:55 PM EDT
To: dave () farber net
Subject: Re: [IP] loyalty oaths, in 2005
Reply-To: dmercer () u arizona edu


Yes, other States do indeed have such requirement.  I had to sign a
loyalty oath with pretty much the same language to get a student job
here in AZ this summer at my university.

Here in AZ there is also additional language before the bit that
appeared identical to the bit smb quoted in his email below that
seemed inspired by anti-terrorist legislation, but as I was not
provided a copy of what I signed (I never like that!) I can't
reproduce it here.

Cheers,

David Mercer
Tucson, AZ

On 7/22/05, David Farber <dave () farber net> wrote:

> 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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