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September-October 1950
September 1
The District Court of Appeal, Third Appellate District, issues an
order to show cause, staying the dismissal and requiring the Regents
to legally explain their action.
September 18
The Berkeley chapter of the American Association of University Professors
meets and adopts a resolution asking the national office to investigate
the University of California “with respect to faculty tenure
and status." An inquiry is started, but no formal action
will be taken by the AAUP until April 7, 1956, long after the UC
controversy is resolved in the courts.
September 21
Governor Warren calls for the Legislature to adopt a special loyalty
oath for every public employee in California. Despite his earlier
opposition to the UC loyalty oath, Warren is now engaged in a re-election
campaign and in open controversy with his fellow Republican, Lieutenant
Governor Goodwin Knight, who has supported the University’s
oath as a member of the Board of Regents.
September 26
The Legislature adopts a state loyalty oath, which is signed by
Governor Warren on October 3, called the Levering Oath after Assemblyman
Harold Levering, its principal author. It requires every public
employee and civil defense worker in California to swear that he
or she does not advocate or is not “a member of any party or
organization, political or otherwise, that now advocates the overthrow
of the Government of the United States or the State of California
by force or violence.” and “I will not advocate or become
a member of any party or organization, political or otherwise, that
advocates the overthrow of the Government of the United States or
the State of California by force or violence or other unlawful means.”
The State Senate also votes to commend the Board
of Regents for dismissing the non-signers of the University’s
oath.
By petition of several faculty members, the Northern
Section of the Academic Senate meets the same day in Berkeley to
consider a proposed motion to “censure” the Regents. About
700 faculty attend. After considerable debate and several motions,
the Senate adopts a resolution offered by UC Vice President and
Provost Emeritus Monroe Deutsch thanking those members of the Regents
who had voted not to dismiss non-signers and condemning the Board
majority for its action that has “violated the principle of
tenure, an absolutely essential condition in a free university.” The
Senate also votes to ask its Committee on Privilege and Tenure who
reconsider its unfavorable recommendation to the Regents on the
five non-signers who had refused to say they were non-communists
or anti-communists. The motion passes, but is scheduled for reconsideration. However,
many faculty are angry at their colleagues for violations of Senate
procedure or for trying to prolong the controversy. There is
deep animosity between many members of the faculty, particularly
between some at Berkeley and some at other northern campuses.
October 9
The Northern Section of the Academic Senate meets again and requests
that its Committee on Privilege and Tenure further review the cases
of the five faculty so they might “be fully cleared of all
imputation of disloyalty and honorably restored to the enjoyment
of their respective positions.”
The Committee does conduct a review and asks President
Sproul to reinstate the five faculty.
October 13
The State Controller, charged with determining if UC employees are
subject to the Levering Oath, announces that they are and they must
sign "or go without pay.” This is seen by many Regents
as a threat to the constitutional autonomy of the University. The
Board of Regents adopts a resolution which requests, but does not
require, UC employees to sign the Levering Oath.
October 27
The Regents hold a special session on the Levering Oath, and hear
that only 32 percent of UC employees have signed in the three days
since the oath was mailed to them. The Board asks its attorney
for advice.
Compiled by Steve Finacom
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