Board of Regents of State Colleges v. Roth
408 U.S. 564 (1972)
by
Gillian Sheffy

Facts of the Case:

In 1968, Wisconsin State University-Oshkosh hired David Roth, a political science professor, for a single year of teaching. After his term was completed, he was informed he would not have his contract renewed for the following year. This was done without any reason given. Wisconsin law stated that a nontenured professor needed no review for a lack of renewal of a contract after one year. Roth sued on the grounds that he was dismissed for negative comments about the administration, claiming his right to free speech by the First Amendment and right to due process of the Fourteenth Amendment were infringed upon. The district court ordered the university to grant Roth a hearing and the court of appeals agreed with this judgment.

Decision:

The Court decided that a nontenured teacher does not have rights to a hearing by the Fourteenth Amendment when there is nonrenewal of a contract.

Basis for Decision:

The Court decided based on the Fourteenth Amendment, citing that this case was not a violation because it did not truly impede his “liberty” or “property.” Since the University made no slanderous remarks, they did not damage either of those two clauses. No property interest was held because his contract expired after a year.