Egan v. Moore
| Decision Date | 04 June 1964 |
| Citation | 250 N.Y.S.2d 809,14 N.Y.2d 775,199 N.E.2d 842 |
| Parties | , 199 N.E.2d 842 Application of William W. EGAN, Appellant, v. Frank C. MOORE, Chairman, Mrs. John A. Warner, Vice-Chairman, et al., Trustees of the State University of the State of New York, Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 20 A.D.2d 150, 245 N.Y.S.2d 622.
Action was brought for an order enjoining the trustees of the State University of the State of New York from permitting a conceded member of the Communist Party from appearing at a lecture at the University of Buffalo as part of a series of lectures on political thought.
The Supreme Court, Albany County, Russell G. Hunt, J., 36 Misc.2d 967, 235 N.Y.S.2d 995, entered an order which in effect withheld use of university facilities for the lecture, and an appeal was taken.
The Appellate Division, Reynolds, J., 20 A.D.2d 150, 245 N.Y.S.2d 622, reversed the order, dismissed the petition, and held that the trustees would not be enjoined from allowing lecture on theory that use of university facilities was contrary to state policy, where there was no legislation directly covering the situation, and where there was no showing that the Communist Party member advocated, had advocated, or would advocate at the lecture in question the forcible overthrow of the government as any more than an abstract doctrine.
The plaintiff appealed to the Court of Appeals, contending that privilege of using facilities of the State University is denied a member of the Communist Party by public policy and by the policy of the State University.
Roberts & Heller, Albany, for petitioner-appellant.
John C. Crary, Jr., Albany (David L. Segel, Albany, of counsel), for respondents.
Arnold Bauman, Richard W. Hulbert, New York City (George M. Cohen, New York City, of counsel), amicus curiae.
Order affirmed, without costs.
All concur except SCILEPPI, J., who dissents and votes to reverse and to reinstate the order of Special Term, and BERGAN, J., taking no part.
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