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LEDERMAN v. BD. OF EDUC. OF CITY OF N. Y.

276 A.D. 527 (1950)

Abraham Lederman, as President of Teachers Union of The City of New York, Local 555 of the United Public Workers, et al., Plaintiffs, and Irving Adler et al., Respondents, v. Board of Education of the City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 27, 1950.

Attorney(s) appearing for the Case

John P. McGrath, Corporation Counsel (Seymour B. Quel, Michael A. Castaldi and Morris Weissberg, with him on the brief), for appellant.

Harold I. Cammer for respondents.

John P. Walsh, Edward V. Gross and Lawrence Wiseman for Kings County Committee of the American Legion, amicus curiæ.

Paul O'Dwyer, Michael B. Atkins, Howard N. Meyer and Herbert I. Silverman for New York City Chapter of the National Lawyers Guild, amicus curiæ.

Arthur C. Buck and others for Association of Teachers of the Social Studies in the City of New York, amicus curiæ.

R. Lawrence Siegel and others for American Civil Liberties Union, amicus curiæ.

NOLAN, P. J., SNEED, WENZEL and MacCRATE, JJ., concur.

CARSWELL, J.

We are required to pass upon the constitutionality of two statutes. One is subdivision (c) of section 12-a of the Civil Service Law, and the other is section 3022 of the Education Law (L. 1949, ch. 360), the so-called "Feinberg Law." The former bans organizing a society or group advocating the overthrow of the State or National Government by force, as well as membership therein. The latter implements...

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