Reading questions for Wednesday, October 10

Bailey v. Richardson (1950)

1. Who was Dorothy Bailey and why did the Civil Service Commission allege she was not fit for government employment?

2. What happened at the hearings that were held by the Loyalty Review Board? What evidence was put before the board? Why did the government refuse to disclose the name of its informants?

3. According to the court, what is the extent of the Executive's discretion to hire and fire government employees?

4. Do government employees have the right to free speech? Explain.

5. The court concludes: "We cannot ignore the world situation in which not merely two ideologies but two potentially adverse forces presently exist, and certainly we cannot require that the President and the Congress ignore it. . . We do not think that the individual rights guaranteed by the Constitution necessarily mean that a government dedicated to those rights cannot preseve itself in the world as it is. This case presents a small segment of that momentous question." (Bottom p. 4) Does this remind you of Lincoln's statement: "Are all the laws but one to go unexecuted...?" What are the similarities and difference between the context in 1861 and 1950?

6. What more do we learn about Dorothy Bailey in the dissenting opinion? Why do you think the majority left this out?

7. What more do we learn about the Loyalty Review Board hearing in the dissenting opinion? Why do you think the majority left this out?

8. How does the dissent analyze the first amendment rights of government employees?

9. Which opinion do you agree with? Why?