Legal Opinion · Dissent

Daniman v. Board of Education

New York Court of Appeals

Decided April 22, 1954Published

1DissentDesmond, J.

That communism in the United States is a conspiracy against our Government, and that participation in such a conspiracy is entirely inconsistent with the loyalty required from a schoolteacher, are undisputed propositions which do not decide this case. Our duty, on this appeal, as on any other, is to apply the laws of this State as we find them, to communists, noncommunists, and everyone else. No purpose, however high or urgent, suspends the salutary rule not to be stretched to cover situations having no real or reason-that “ statutes, directed against known and stated evils, are *545able relation…

2Cases cited17 opinions

  1. H. Kauffman & Sons Saddlery Co. v. MillerNew York Court of Appeals · 1948
  2. Titusville Iron Co. v. . City of New YorkNew York Court of Appeals · 1912
  3. Thompson v. WallinNew York Court of Appeals · 1950
  4. Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
  5. People Ex Rel. Wells Newton Co. v. . CraigNew York Court of Appeals · 1921

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