New Jersey's Loyalty Oath Law Under Fire in Courts

New Jersey's loyalty oath law is still awaiting final court tests of its validity, especially with respect to teachers.

The law requires candidates for public office, elected officials, and state employees to swear allegiance to the United States. A candidate who refuses to take the oath may run for office, but the words "refused oath of allegiance" must appear next to his name.

The law, which was passed unanimously by the legislature, also barred allegiance by public officials, candidates, or state employees to foreign states and forbade membership in organizations advocating unlawful overthrow of the government.

Under the law, candidates and employees also had to swear "that I do not believe in, advocate, or advise the use of force or violence or other unlawful means to make any change in the government."

State Constitution Violation

A decision by the Appellate Division of the State Supreme Court on October 19, 1949, held: "That the part of the law requiring oaths of candidates for public office was in violation of the New Jersey Constitution on the grounds that the Constitution provides a specific form of oath for elected officials." That for the Legislature to require an additional oath is in effect to alter the Constitutional oath and is therefore illegal.

However, one of the three judges on the appellate body told reporters that the court's decision did not affect the validity of the loyalty oath law as far as teachers and other state employees were concerned.

Attorney General Theodore D. Parsons announced after the decision that he would appeal to the State Supreme Court.

Test Looms

A test of the law's applicability to teachers is now in the embryo stage. In February of this year, George B. Thorp, a lecturer at Newark College of Engineering's School for Industrial Education refused to sign the loyalty oath, claiming privilege against self-incrimination under the U.S. and New Jersey constitutions.

He was fired from his teaching post on March 9.

Thorp appealed his ouster as a teacher to the Commissioner of Education on March 20, but the appeal was turned down. He has now appealed to the State Board of Education. Thorp's counsel expects that the case will have to go to the courts for final decision.