Biklen v. BOARD OF EDUCATION, CITY SCHOOL DIST., SYRACUSE, NY

MULLIGAN, Circuit Judge:

Section 3002 of the New York Education Law, McKinney’s Consol. Laws, c. 16, requires any United States citizen who serves as a “teacher, instructor or professor in any school or institution in the public school system of the state or in any school, college, university or other educational institution in [the] state, whose real property, in whole or in part, is exempt from taxation * * * ” to take an oath or make an affirmation to support the federal and state constitutions and to perform his duties as a teacher to the best of his ability. In lieu of this oath or…