Irving Adler - Adler V. Board of Education

Adler V. Board of Education

After President Harry Truman issued an executive order in 1947 calling for loyalty investigations of federal employees, New York State adopted the "Feinberg Law" in 1949 providing for the dismissal of teachers who belonged to "subversive organizations." The New York Teachers' Union won a suit challenging the constitutionality of the Feinberg Law in the New York State Supreme Court, but the decision was reversed on appeal to the federal courts. The United States Supreme Court decided against the teachers in a 6-3 decision in 1952, in a case that became known as Adler vs. Board of Education because Adler was the plaintiff with the earliest name alphabetically.

Before the Feinberg Law was implemented, the New York Superintendent of Schools, William Jansen, began calling in teachers for questioning. Union leaders and active members were asked the same question being asked of those subpoenaed before the House Un-American Activities Committee, "Are you now or have you ever been a member of the Communist Party?" On the advice of counsel, most refused to answer on the grounds that the question was a violation of section 26a of the New York Civil Service Law that prohibited questioning civil service employees about their political affiliation. Those who refused to answer the question, Adler among them, were dismissed for "insubordination and conduct unbecoming a teacher." Adler was suspended in 1952 and dismissed in 1954.

In 1967 the U.S. Supreme Court reversed itself in a subsequent case, Keyishian v. Board of Regents. The teachers who had been fired in the 1950s then sued for reinstatement. Adler was reinstated and retired from the city schools in 1977, with his pension rights restored.