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Kay v. Board of Higher Education of the City of New York
New York Supreme Court
18 N.Y.S.2d 821 (1940)
Facts
The Board of Higher Education of the City of New York (the board) (defendant) appointed Bertrand Russell as the chair of philosophy at City College in New York. Jean Kay (plaintiff) filed a lawsuit to appeal the board’s decision, arguing that Russell was not a man of good moral character due to the teachings in his books. Specifically, Russell wrote in favor of sexual conduct that was controversial at the time, such as sexual relationships outside of marriage and homosexuality, some of which were criminal in nature. The Board argued in return that it was within its academic freedom to appoint faculty.
Rule of Law
Issue
Holding and Reasoning (McGeehan, J.)
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