N.Y. Civil Service Law § 105: Subversive activities; disqualification

§ 105. Subversive activities; disqualification. 1. Ineligibility of

persons advocating overthrow of government by force or unlawful means.

No person shall be appointed to any office or position in the service of

the state or of any civil division thereof, nor shall any person

employed in any such office or position be continued in such employment,

nor shall any person be employed in the public service as

superintendent, principal or teacher in a public school or academy or in

a state college or any other state educational institution who:

(a) by word of mouth or writing wilfully and deliberately advocates,

advises or teaches the doctrine that the government of the United States

or of any state or of any political subdivision thereof should be

overthrown or overturned by force, violence or any unlawful means; or

(b) prints, publishes, edits, issues or sells, any book, paper,

document or written or printed matter in any form, containing or

advocating, advising or teaching the doctrine that the government of the

United States or of any state or of any political subdivision thereof

should be overthrown by force, violence or any unlawful means, and who

advocates, advises, teaches, or embraces the duty, necessity or

propriety of adopting the doctrine contained therein; or

(c) organizes or helps to organize or becomes a member of any society

or group of persons which teaches or advocates that the government of

the United States or of any state or of any political subdivision

thereof shall be overthrown by force or violence, or by any unlawful

means.

For the purposes of this section, membership in the communist party of

the United States of America or the communist party of the state of New

York shall constitute prima facie evidence of disqualification for

appointment to or retention in any office or position in the service of

the state or of any city or civil division thereof.

2. A person dismissed or declared ineligible pursuant to this section

may within four months of such dismissal or declaration of ineligibility

be entitled to petition for an order to show cause signed by a justice

of the supreme court, why a hearing on such charges should not be had.

Until the final judgment on said hearing is entered, the order to show

cause shall stay the effect of any order of dismissal or ineligibility

based on the provisions of this section; provided, however, that during

such stay a person so dismissed shall be suspended without pay, and if

the final determination shall be in his favor he shall be restored to

his position with pay for the period of such suspension less the amount

of compensation which he may have earned in any other employment or

occupation and any unemployment insurance benefits he may have received

during such period. The hearing shall consist of the taking of testimony

in open court with opportunity for cross examination. The burden of

sustaining the validity of the order of dismissal or ineligibility by a

fair preponderance of the credible evidence shall be upon the person

making such dismissal or order of ineligibility.

3. Removal for treasonable or seditious acts or utterances. A person

in the civil service of the state or of any civil division thereof shall

be removable therefrom for the utterance of any treasonable or seditious

word or words or the doing of any treasonable or seditious act or acts

while holding such position. For the purpose of this subdivision, a

treasonable word or act shall mean "treason", as defined in the penal

law; a seditious word or act shall mean "criminal anarchy" as defined in

the penal law.