Robert Wm. Burns, Due Process and the Nontenured Professor: A Comment on Roth and Perry, 8 Gonz. L. Rev. 99 (1973).
The constitutional rights of public school teachers drew the attention of the Supreme Court again last term. The point at issue concerned the procedural safeguards minimally required to protect teachers’ rights and under what circumstances such safeguards must be employed. In the companion cases of Board of Regents of State Colleges v. Roth and Perry v. Sindermann the Court conditioned the requirement for procedural due process upon the teacher’s attainment of a tenured type status.
The staunch advocates of Academic Freedom are likely to be disappointed with these cases because of the implicit acknowledgement in them that the full panoply of rights available to a teacher as a citizen may under some circumstances be circumscribed because of his teaching position. . . Read More.