Board of Regents of State Colleges v. Roth
Encyclopedia
Board of Regents of State Colleges v. Roth, 408 U.S. 564 (1972), was a case decided by the United States Supreme Court
concerning alleged discrimination against a nontenured teacher at Wisconsin State University
in Oshkosh
.
David Roth was hired as a first year assistant professor of political science
in 1968 for a fixed term of one year. In accordance with procedural rules set by the Board of Regents, the president of the University informed Roth he would not be rehired for the next academic year, giving him no reason for the decision and no opportunity to challenge it in any sort of hearing. The Board's employment Rules provided opportunity for review of teachers "dismissed" before the end of the employment term, but did not extend these protections to teachers whose contracts were simply not renewed.
Roth brought suit in Federal District Court alleging that he was being punished for statements he had made that were critical of the University administration. He said the decision not to rehire him infringed his First Amendment
right to freedom of speech. He also alleged that the University's failure to provide a hearing violated his Fourteenth Amendment
right to procedural due process
of law.
In an opinion delivered by Justice Stewart
, the Supreme Court held that the Fourteenth Amendment does not require an opportunity for a hearing prior to the nonrenewal of a nontenured state teacher's contract, unless he can show that the nonrenewal deprived him of an interest in "liberty" or that he had a "property" interest in continued employment, despite the lack of tenure or a formal contract.
Justice Douglas
dissented, writing "When a violation of First Amendment rights is alleged, the reasons for dismissal or for nonrenewal of an employment contract must be examined to see if the reasons given are only a cloak for activity or attitudes protected by the Constitution."
Justice Marshall
wrote a separate dissent saying that "every citizen who applies for a government job is entitled to it unless the government can establish some reason for denying the employment." He held government to higher scrutiny than private employers and said that government employees deserve "fair and adequate information" at their terminations in order to protect against arbitrary behavior.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
concerning alleged discrimination against a nontenured teacher at Wisconsin State University
University of Wisconsin-Oshkosh
The University of Wisconsin Oshkosh is a public university in Oshkosh, Wisconsin, USA. It is part of the University of Wisconsin System and offers both bachelor and master degrees...
in Oshkosh
Oshkosh, Wisconsin
As of the census of 2000, there were 62,916 people, 24,082 households, and 13,654 families residing in the city. The population density was 2,662.2 people per square mile . There were 25,420 housing units at an average density of 1,075.6 per square mile...
.
David Roth was hired as a first year assistant professor of political science
Political science
Political Science is a social science discipline concerned with the study of the state, government and politics. Aristotle defined it as the study of the state. It deals extensively with the theory and practice of politics, and the analysis of political systems and political behavior...
in 1968 for a fixed term of one year. In accordance with procedural rules set by the Board of Regents, the president of the University informed Roth he would not be rehired for the next academic year, giving him no reason for the decision and no opportunity to challenge it in any sort of hearing. The Board's employment Rules provided opportunity for review of teachers "dismissed" before the end of the employment term, but did not extend these protections to teachers whose contracts were simply not renewed.
Roth brought suit in Federal District Court alleging that he was being punished for statements he had made that were critical of the University administration. He said the decision not to rehire him infringed his First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
right to freedom of speech. He also alleged that the University's failure to provide a hearing violated his Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
right to procedural due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
of law.
In an opinion delivered by Justice Stewart
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
, the Supreme Court held that the Fourteenth Amendment does not require an opportunity for a hearing prior to the nonrenewal of a nontenured state teacher's contract, unless he can show that the nonrenewal deprived him of an interest in "liberty" or that he had a "property" interest in continued employment, despite the lack of tenure or a formal contract.
Justice Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
dissented, writing "When a violation of First Amendment rights is alleged, the reasons for dismissal or for nonrenewal of an employment contract must be examined to see if the reasons given are only a cloak for activity or attitudes protected by the Constitution."
Justice Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
wrote a separate dissent saying that "every citizen who applies for a government job is entitled to it unless the government can establish some reason for denying the employment." He held government to higher scrutiny than private employers and said that government employees deserve "fair and adequate information" at their terminations in order to protect against arbitrary behavior.
See also
- Perry v. SindermannPerry v. SindermannPerry v. Sindermann, 408 U.S. 593 was a United States Supreme Court decision affecting educational case law involving tenure and due process.-Facts:...
, 408 U.S. 593 (1972) - List of United States Supreme Court cases, volume 408