Legal Opinion · Dissent

Board of Public Education v. August

Supreme Court of Pennsylvania

Decided January 17, 1962No. Appeal, No. 473Published

1Dissent

*254Dissenting Opinion by

Mr. Justice -Cohen :

Once again, as in Board of Public Education v. Soler, 406 Pa. 168, 176 A. 2d 653 (1961), a majority of this Court has misinterpreted the effect of Board of Public Education v. Intille, 401 Pa. 1, 163 A. 2d 420 (1960) and Board of Public Education v. Watson, 401 Pa. 62, 163 A. 2d 60 (1960), and has overlooked the basic distinction between an incompetency interview and a loyalty proceeding. In this case, moreover, my colleagues have compounded the error by broadening the meaning of “incompetency” even beyond the encompassing interpretation given that…

2Cases cited5 opinions

  1. Beilan v. Board of Public Ed., School Dist. of PhiladelphiaSupreme Court of the United States · 1958
  2. Board of Public Education v. WatsonSupreme Court of Pennsylvania · 1960
  3. Board of Public Education School District v. BeilanSupreme Court of Pennsylvania · 1956
  4. Board of Public Education v. IntilleSupreme Court of Pennsylvania · 1960
  5. Board of Public Education v. SolerSupreme Court of Pennsylvania · 1961

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