Stanley Forman Reed

“ To require, as the Court does, that New York stay its hand in discharging a teacher whom the city deems unworthy to occupy a chair in its Brooklyn College, demands that this Court say, if it follows our prior cases, that the action of the Board in declaring Professor Slochower's position vacant was inconsistent with the fundamental principles of liberty and justice which lie at the base of all our civil and political institutions. [4] A denial of due process is 'a practice repugnant to the conscience of mankind.' [5] Surely no such situation exists here. ”

“ In reliance upon the Due Process Clause of our Constitution, the Court strikes deep into the authority of New York to protect its local governmental institutions from influences of officials whose conduct does not meet the declared state standards for employment. This New York City Charter, § 903, adopted in 1936 to take effect in 1938, was designed to eliminate from public employment individuals who refused to answer legally authorized inquiries as to the 'official conduct of any officer or employee of the city * * * on the ground that his answer would tend to incriminate him'. ”

“ The Court finds it a denial of due process to discharge an employee merely because he relied upon the Fifth Amendment plea of self-incrimination to avoid answering questions which he would be otherwise required to answer. We assert the contrary-the city does have reasonable ground to require its employees either to give evidence regarding facts of official conduct within their knowledge or to give up the positions they hold. ”