Constitutional Law – Due Process – Automatic and Permanent Dismissal of Public School Teachers for Invoking the Privilege Against Self-Incrimination

Petitioners, employed as public school teachers in New York City, were subpoenaed to appear before a Senate Internal Security Subcommittee. When questioned by the committee about communist activities, petitioners asserted the constitutional privilege against self-incrimination. Pursuant to the New York City Charter, they were summarily dismissed and permanently barred from re-employment by the city. No hearing was required nor given prior to the dismissal. There was no evidence of conduct otherwise warranting a dismissal. In an action for reinstatement, held, dismissal affirmed. Daniman v. Board of Education of City of New York, 306 N.Y. 532, 119 N.E. (2d) 373, 307 N.Y. 806, 121 N.E. (2d) 629 (1954), probable jurisdiction noted sub nom. Slochower v. Board of Higher Education, 348 U.S. 935, 75 S.Ct. 356 (1955).