Editing Loyalty oath (section)

===1960s===

The oaths were repeatedly challenged on grounds that they violated the principles of freedom of speech and freedom of association. The [[United States Supreme Court]] avoided addressing these problems during the [[McCarthy Era]]. During the 1960s, it began striking down such oaths on the basis of vagueness and undue breadth. October 16, 1961, [[Tobias Simon]] and [[Howard Dixon]] argued ''[[List of United States Supreme Court cases involving the First Amendment#Speech by public employees|Cramp v. Board of Public Instruction]]'' before the Supreme Court.<ref>This is a link to the argument from Oyes [https://www.oyez.org/cases/1960-1969/1961/1961_72 Cramp v. Bd. Of Public Instruction - Oral Argument]</ref> In 1962 the Court struck down the Florida requirement that teachers swear "I have not and will not lend my aid, support, advice, counsel or influence to the Communist party". This decision was followed in 1964 by its lack of support for two oaths, one of which required teachers to promote respect for the flag, reverence for law and order, and loyalty to the institutions of the United States and the [[Washington (state)|State of Washington]]. Arizona and New York teacher oaths affirming lack of association with subversive organizations were struck down in 1966 and 1967.

New York Education Law Section 3002 requires that any "teacher, instructor or professor in any [state] school or institution in the public school system ... or in any school, college, university or other educational institution" sign an oath pledging support for the federal and state constitutions. The law does not apply to foreign nationals, but only to United States citizens.<ref>{{cite web|url=http://law.onecle.com/new-york/education/EDN03002_3002.html |title=New York Education Law Section 3002 |publisher=Law.onecle.com |date=2013-03-05 |access-date=2013-09-12}}</ref> The law was enacted in 1934 in response to a nationwide campaign by the [[American Legion]].<ref name="Halberstam">David Halberstam, [https://www.nytimes.com/1966/11/30/archives/27-on-adelphi-faculty-file-suit-challenging-state-loyalty-oath.html?sq=new%2520york%2520state%2520loyalty%2520oath&scp=2&st=cse "27 on Adelphi Faculty File Suit Challenging State Loyalty Oath"], ''[[New York Times]]'', November 30, 1966, pg. 27.</ref> The law was challenged by a group of 27 faculty members from [[Adelphi University]] in 1966 because the oath constrained free speech, and because it selectively applied to faculty members but not staff. For unknown reasons, Adelphi faculty had never been required to sign the oath until 1966 when a staff member in the New York State Education Department discovered the oversight.<ref name="Halberstam"/> On January 22, 1968, after moving through the judicial system, the [[Supreme Court of the United States|United States Supreme Court]] affirmed an earlier District Court decision upholding the constitutionality of the law.<ref name="Special">[https://www.nytimes.com/1968/01/23/archives/justices-uphold-a-teachers-oath-back-state-law-requiring-a.html?sq=new%2520york%2520state%2520loyalty%2520oath&scp=10&st=cse "JUSTICES UPHOLD A TEACHERS' OATH; Back State Law Requiring a Constitutional Pledge"], ''[[New York Times]]'', January 23, 1968, pg. 21.</ref> This was the first occasion on which the Supreme Court evaluated the constitutionality of oaths of this type.