Tom C. Clark

“ The majority says that the Feinberg Law is bad because it has an 'overbroad sweep.' I regret to say-and I do so with deference that the majority has by its broadside swept away one of our most precious rights, namely, the right of self-preservation. Our public educational system is the genius of our democracy. ”

“ Just as the majority here finds that there 'can be no doubt of the legitimacy of New York's interest in protecting its education system from subversion' there can also be no doubt that 'the be-all and end-all' of New York's effort is here. And, regardless of its correctness, neither New York nor the several States that have followed the teaching of Adler v. Board of Education, 342 U.S. 485, 72 S.Ct. 380, 96 L.Ed. 517, for some 15 years, can ever put the pieces together again. No court has ever reached out so far to destroy so much with so little. ”

“ The blunderbuss fashion in which the majority couches 'its artillery of words,' together with the morass of cases it cites as authority and the obscurity of their application to the question at hand, makes it difficult to grasp the true thrust of its decision. At the outset, it is therefore necessary to focus on its basis.
This is a declaratory judgment action testing the application of the Feinberg Law to appellants. ”