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''The Bertrand Russell Case'', known officially as ''Kay v. Board of Higher Education'', was a case concerning the appointment of
Bertrand Russell Bertrand Arthur William Russell, 3rd Earl Russell, (18 May 1872 – 2 February 1970) was a British philosopher, logician, mathematician, and public intellectual. He had influence on mathematics, logic, set theory, and various areas of analytic ...
as Professor of Philosophy of the College of the City of New York, as well as a collection of articles on the aforementioned case, edited by
John Dewey John Dewey (; October 20, 1859 – June 1, 1952) was an American philosopher, psychologist, and Education reform, educational reformer. He was one of the most prominent American scholars in the first half of the twentieth century. The overridi ...
and
Horace M. Kallen Quintus Horatius Flaccus (; 8 December 65 BC – 27 November 8 BC),Suetonius, Life of Horace commonly known in the English-speaking world as Horace (), was the leading Roman Lyric poetry, lyric poet during the time of Augustus (also known as Oc ...
.


Background

In 1940,
Bertrand Russell Bertrand Arthur William Russell, 3rd Earl Russell, (18 May 1872 – 2 February 1970) was a British philosopher, logician, mathematician, and public intellectual. He had influence on mathematics, logic, set theory, and various areas of analytic ...
was hired by the
City College of New York The City College of the City University of New York (also known as the City College of New York, or simply City College or CCNY) is a Public university, public research university within the City University of New York (CUNY) system in New York ...
to teach classes on logic, mathematics, and metaphysics of science. This appointment was made controversial by William Thomas Manning, the Episcopal Bishop of
New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
, who argued that due to Bertrand Russell's writings against religion and approval of sexual acts disapproved of by traditional Christian teachings, he should not be instated as a professor. Following Manning's denunciation, a group of religious individuals lobbied New York City government institutions to reject Bertrand Russell's position as professor. However, despite that pressure, Russell was confirmed by the New York Board of Higher Education. Following that decision, the matter was taken to the
New York Supreme Court The Supreme Court of the State of New York is the superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil ju ...
by
Jean Kay Jean may refer to: People * Jean (female given name) * Jean (male given name) * Jean (surname) Fictional characters * Jean Grey, a Marvel Comics character * Jean Valjean, fictional character in novel ''Les Misérables'' and its adaptations * ...
, who argued that her daughter would be morally compromised should she study under Russell even though her daughter could not have been a student at CCNY, which at that time exclusively enrolled male students.


Court case

The judge hearing the case was the Irish Catholic John E. McGeehan, who ruled against Russell's appointment on three criteria. First, McGeehan argued that Russell should not be allowed to teach due to his status as a non-citizen of the United States, whom New York law prohibited from teaching in public schools. Second, McGeehan wrote that Russell was not given a competitive examination of his merit for the position to which he was appointed. Thirdly, McGeehan concluded that Russell held immoral views regarding sexuality on the basis of four of his popular and non-philosophic books ('' On Education'', ''What I Believe'', '' Education and the Modern World'', and ''
Marriage and Morals ''Marriage and Morals'' is a 1929 book by philosopher Bertrand Russell, in which the author questions the Victorian notions of morality regarding sex and marriage. Russell argues that the laws and ideas about sex of his time were a potpourri ...
''), and that his opinions regarding sexual relations between college-aged students amounted to an endorsement of abduction, rendering him morally unfit to teach philosophy and an advocate of lawlessness. In the books, Russell advocated for sex before marriage, homosexuality, temporary marriages, and the privatization of marriage, among other things. Russell was prevented from appearing in court and an appeal by the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. T ...
was denied in several courts. The City of New York's lawyers told the Board of Higher Education that the verdict would not be appealed. A few days later Mayor La Guardia removed the funds for the position from the budget. Judge McGeehan's ruling was published as ''Kay v. Board of Higher Ed. of City of New York'', 193 Misc. 943 18 N.Y.S. (2d) 821 (1940).


Aftermath

When Russell published '' An Inquiry into Meaning and Truth'', the lectures he gave at
Harvard Harvard University is a private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher lear ...
that fall, he added "Judicially pronounced unworthy to be Professor of Philosophy at the College of the City of New York" to the listing of distinctions and academic honors on the title page in the British version. Russell commented on Judge McGeehan, writing, "As an Irish Catholic, his views were perhaps prejudiced," and compared his case to the case against
Socrates Socrates (; ; – 399 BC) was a Ancient Greek philosophy, Greek philosopher from Classical Athens, Athens who is credited as the founder of Western philosophy and as among the first moral philosophers of the Ethics, ethical tradition ...
saying that "precisely the same accusations were brought — atheism and corrupting the young." Following his dismissal, Russell was hired by Albert C. Barnes, who wrote the foreword for ''The Bertrand Russell Case'', to teach for the Barnes Foundation. However, Barnes dismissed Russell in December 1942 due to his distaste for lecturing and his impolite attitude towards students, which violated Barnes's ideas of democracy and education.


Book by Dewey and Kallen

In 1941,
John Dewey John Dewey (; October 20, 1859 – June 1, 1952) was an American philosopher, psychologist, and Education reform, educational reformer. He was one of the most prominent American scholars in the first half of the twentieth century. The overridi ...
and
Horace M. Kallen Quintus Horatius Flaccus (; 8 December 65 BC – 27 November 8 BC),Suetonius, Life of Horace commonly known in the English-speaking world as Horace (), was the leading Roman Lyric poetry, lyric poet during the time of Augustus (also known as Oc ...
published ''The Bertrand Russell Case'', a collection of articles defending Russell's appointment and criticizing McGeehan's ruling, characterizing it as unjust, punitive, and libelous.


Themes

A major theme treated by the book is the necessity of academic freedom in American universities. Many of the essayists featured in the ''Bertrand Russell Case'' see Russell's dismissal as a microcosm of American democracy, in which freedom of expression is stifled by religious individuals. Additionally, many of the book's authors discuss at length the necessity for academic disciplines to feature counter-cultural thinkers, as they are skeptical of a framework of thought enforced by religious or political individuals.


Contents

''The Bertrand Russell Case'' contains an introduction by
John Dewey John Dewey (; October 20, 1859 – June 1, 1952) was an American philosopher, psychologist, and Education reform, educational reformer. He was one of the most prominent American scholars in the first half of the twentieth century. The overridi ...
, a foreword by Albert C. Barnes, and nine essays. Kallen and Dewey each contributed a single essay to the collection. While most of the articles are written by philosophers and other academics and argue in favor of Russell and academic freedom, the article "The Attitude of the Episcopal Church," which argues that Manning's assertions do not reflect the opinion of the church as a whole, was written by Guy Emery Shipler, editor of The Churchman, and "The Case as a School Administrator Sees it" was written by Carleton Washburne, an
Illinois Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. It borders on Lake Michigan to its northeast, the Mississippi River to its west, and the Wabash River, Wabash and Ohio River, Ohio rivers to its ...
school superintendent.


Reception

''The Bertrand Russell Case'' was celebrated by many academics for its defense of academic freedom. In a review for the
American Association of University Professors The American Association of University Professors (AAUP) is an organization of professors and other academics in the United States that was founded in 1915 in New York City and is currently headquartered in Washington, D.C. AAUP membership inc ...
, Peter A. Carmichael writes, "The authors of this book deserve praise for their able defense of intellectual freedom and of a very great intellect," despite the book's lack of any religious perspective. Writing for the
History of Science Society The History of Science Society (HSS), founded in 1924, is the primary professional society for the academic study of the history of science. The society has over 3,000 members worldwide. It publishes the quarterly journal ''Isis'' and the yearly ...
's publication ''
Isis Isis was a major goddess in ancient Egyptian religion whose worship spread throughout the Greco-Roman world. Isis was first mentioned in the Old Kingdom () as one of the main characters of the Osiris myth, in which she resurrects her sla ...
'', M. F. Ashley Montagu characterizes ''The Bertrand Russell Case'' as "an important book" and argues that all scholars should read it in order to better resist the encroachment of religious forces into science and academic study.


References


Bibliography

* Bertrand Russell, ''The Autobiography of Bertrand Russell: The Middle Years: 1914-1944''. Bantam, 1969. * Thom Weidlich. ''Appointment Denied: The Inquisition of Bertrand Russell''. Prometheus Books, 2000. {{DEFAULTSORT:Bertrand Russell Case, The City College of New York Bertrand Russell United States Free Speech Clause case law 1940 in United States case law Atheism in the United States 1940 in New York City Academic freedom case law