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[IP] more on loyalty oaths, in 2005



Begin forwarded message:

From: David Mercer <radix42@xxxxxxxxx>
Date: July 27, 2005 9:48:55 PM EDT
To: dave@xxxxxxxxxx
Subject: Re: [IP] loyalty oaths, in 2005
Reply-To: dmercer@xxxxxxxxxxxxx


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@xxxxxxxxxx> wrote:


You should have gone to UPenn or CMU djf

Begin forwarded message:

From: "Steven M. Bellovin" <smb@xxxxxxxxxxxxxxx>
Date: July 21, 2005 10:01:59 PM EDT
To: dave@xxxxxxxxxx
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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