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Buffalo’s Labor, Loyalty, & Freedom: Keyishian Revisited
| Date: | Nov 9, 2026 |
| Author(s): | Ryan Harrington |
| Topic(s): | Economic Development: Organized Labor, Economic Development: Policies and Programs, Education: General, Education: Governance, Education: University Education, Equality / Civil Rights: General, Government: General |
| Type: | Policy Brief |
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This policy brief is from the Buffalo Commons Student Perspectives Series.
Americans feared a global communist takeover in the aftermath of World War II. New York State forbade mere association with the Communist Party for all state employees, including public school teachers. These statutes, called the Feinberg Laws, provoked outrage among academics. Five faculty members at the University at Buffalo (UB) resisted, even though it jeopardized their jobs. Those five men, represented by UB Law alumnus Richard Lipsitz, became the plaintiffs in Keyishian v. Board of Regents, a Supreme Court case decided in 1967. The case brought union-strong Buffalo to the center of an ongoing debate about labor, loyalty, and freedom that continues to this day.
Ultimately, the Supreme Court struck down the Feinberg Laws because they were overly vague and infringed constitutionally protected free speech. However, this victory did not end the fight for academic freedom. While anti-communist loyalty oaths are a relic of the Red Scare, the same fear lives on in book bans, antagonistic legislation, and word policing because controlling education means controlling culture. Professors, increasingly without union protection, still face many of the same trials today that they faced sixty years ago.
About the Series
The Buffalo Commons Student Perspectives Series gives students an opportunity to share original research and analysis on issues of importance to Partnership for the Public Good and its partners. This paper was prepared in Fall 2026 for the Lawyers as Change Agents course at the University at Buffalo School of Law. Thank you to Professor Sam Magavern for facilitating this student research.
Disclaimer
The views and opinions expressed in papers published in this series are those of the student authors and do not necessarily reflect the views or positions of Partnership for the Public Good.