Joe David Toney v. Ronald Reagan

During the 1970-71 academic year appellants were probationary (nontenured) professors at Fresno State College in California. In the fall of 1970 they were notified that the college did not in tend to offer them employment for the ensuing year.

It appears that the appellants had actively criticized the college administration and had openly opposed the Viet Nam war. Some had participated in draft counseling programs, others had supported the work of Cesar Chavez and the United Farmworkers Organizing Committee. Professor Toney had been an outspoken proponent of Black student aspirations on campus. All appellants had taken part in demonstrations to publicize their views.

Appellants allege that they were not rehired because of the exercise of their First Amendment rights of free speech and assembly.

The California State College System has established a grievance hearing procedure which was available to appellants. This procedure was promulgated by Executive Order 112 of the Chancellor, acting pursuant to 5 Cal.Adm.Code § 42174. Appellants filed timely grievances in December 1970.

The following month they brought this civil rights suit in the District Court for the Northern District…