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1st Amendment and Free Speech/Taking an "Oath" for Employment at a Public University
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Question
Hello,
A friend of mine recently accepted a position to teach at a public state university. The friend is not a U.S. citizen, but his presence is entirely legal (I think he got a green card).
Before accepting the position, the university required him to sign an "Oath," that said something to the effect of "I promise to uphold the Constitution of the United States and the Constitution of this State to the best of my abilities, so help me God."
I was quite surprised by this requirement. Is a requirement to take an Oath allowed for a foreigner and/or a US citizen to be employed at a public university? If so, can the text of the oath still have any religious references?
Thanks,
Brett
Generally speaking, courts tend to hold that such oaths violate one's first amendment rights. Such oaths are generally considered too vague to be tied to any legitimate employment interest.
For more on this, you may find this article interesting:
http://www.law.cornell.edu/anncon/html/amdt1cfrag2_user.html
I hope this helps!
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Answers by Expert:
Michael Troy
Expertise
I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.
Experience
As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.
I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.
Organizations
Former Attorney for Center for Individual Rights.
Publications
Washington Post
Washington Times
Education/Credentials
J.D. from Univ. of Michigan Law School
Awards and Honors
Truman Scholar
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