Records of the Edwin Berry Burgum Academic Freedom Case
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Abstract
Edwin Berry Burgum served as an associate professor of English at New York University (NYU) from 1924 to 1953. Spanning the period 1934 - 1961, the Records of the Edwin Berry Burgum Academic Freedom Case document Professor Burgum's academic career, his political involvement, and subsequent suspension and dismissal from NYU for refusing to answer U.S. Senate inquiries about his possible affiliation with the Communist Party. The collection includes records pertaining to the case from the Office of the Chancellor, the Office of the Vice Chancellor, the Office of the Dean of Washington Square College, and the Faculty Committee of the University Senate.
Biographical Note
Edwin Berry Burgum (1894 - 1979) was born in Concord, New Hampshire. He received a Bachelor of Arts degree at Dartmouth College (1915), a Master's from Harvard (1917), and his Ph.D. at the University of Illinois (1924). In 1924 Burgum began his career as an Associate Professor of English at New York University. In March 1927 he married Mildred Rabinowich.
His accomplishments included the publication of many books and articles in the field of literary criticism such as The Literary Career of Edward Bulwer Lord Lytton (1926), The New Criticism (1930), Ulysses and the Impasse of Individualism, (1941) and The Novel and the World's Dilemma, (1947). From 1936 to 1938 Burgum was an active contributor and editor of the Marxist quarterly Science and Society. Burgum served as president of the College Teachers' Union of New York City.
During the McCarthy era Burgum was one of five collegiate faculty members subpoenaed by the McCarran sub-committee of the Senate, organized to investigate communism in American schools. At a hearing in October 1952 Burgum invoked the First and Fifth amendments in response to Senate questions concerning his political beliefs. Arguing that his refusal to answer was a matter of principle, he was subsequently suspended from his teaching post. In April 1953, following his request for a hearing before the NYU Faculty Committee hearing, he was dismissed.
Over the next several years, the Committee for the Reinstatement of Professor Burgum, made up of lawyers, teachers and unions, continued to advocate on his behalf. The publication, Academic Freedom and New York University: the Case of Professor Edwin Berry Burgum, resulted from their efforts. Despite NYU's refusal to reinstate Burgum, he continued to publish and pursue his former interests. However, the outcome of his trial took a tragic toll on his family and led to a new career as a lay analyst and psychotherapist. In July of 1979 Burgum died after a long illness.
The following are excerpts from Senate Council minutes and provide a chronology of events:
Oct 27, 1952, p. 4
Associate Professor Edwin Berry Burgum has been suspended from University duty because of failure to answer questions concerning affiliation with the Communist Party put by a duly constituted committee of the U.S. Senate. He is entitled to faculty and Council hearings and is expected to request same.
Nov 10, 1952, p. 4
Report that Prof. Burgum had requested review of his case by a standing committee of faculty of Wash. Sq. College, but Senate had recommended to Council that a committee of professorial members of Senate be agency of review. Further report later.
Jan 24, 1952, p. 4
Voted to refer Burgum's case to a committee consisting of the professorial members of the University Senate for review and report prior to final action by the Council. Report from the Chancellor on recommendations of the Senate and of the faculty comm. of Washington Square College re. designation of a reviewing agency, and letter from Dean Pollock recommending dismissal of Burgum, included in the minutes. Burgum has appealed the decision to have the elected professorial members of the Senate constitute the committee to review his case. Appeal denied. First session of hearing to take place Jan. 19, 1953.
Jan 26, 1953, p. 2
University Senate Committee hearing in Burgum case has been postponed to Feb. 18 at Prof. Burgum's request, but every effort will be made to prevent further delay and resolve the issue.
Mar 9, 1953, p. 7
Faculty committee of Senate has devoted two weeks to hearing Prof. Burgum1s case and after another two weeks of study will present a report for Council review.
Apr 15, 1953, p. 5
A motion to ratify and confirm the suspension of Prof. Burgum and dismiss him from the faculty referred to Council for consideration. Resolution adopted re. the notification of Prof. Burgum and arrangement of a hearing.
Apr 21, 1953, p. 1
Hearing of Burgum case; stenotype record attached to file copy of minutes. Final action held over to later meeting
Apr 30, 1953, p. 1-3
Resolutions adopted stating the conclusions of the. Council re. the facts of the Burgum case, and re-solving : (1) that the existing suspension of Edwin Berry Burgum and his deprivation of privileges and duties as a member of the faculty and associate professor in Washington Square College be and the same hereby are ratified and confirmed ; and (2) that Edwin Berry Burgum be and he hereby is removed and dismissed from the faculty of New York University without salary for any period after the date of the adoption of these resolutions."
Apr 23, 1956, p. 3
Reported that American Association of University Professors has decided to investigate the cases of Bradley and Burgum at NYU. Chanc. stated that NYU will cooperated fully, although it believes the cases were handled fairly here.
Oct 28, 1957, p. 2
Reported that committee of the American Association of University Professors had rendered report on cases of two dismissed NYU professors in which they recommended procedural changes for such cases, but that Pres. Newsom had declined to support the proposals and regards the issues as closed.
Apr 28, 1958, p. 1
Reported that final AAUP comm. report on dismissal cases reflected slight shift favorable to University administration but was still critical at points and left the University open to censure by Association at large. Recommendations of report receiving consideration.
Sep 22, 1958, p. 3
Reported that AAUP had continued threat of censorship of NYU unless actions in Bradley and Burgum cases were amended, including payment of year's quittance salary to each. AAUP proposals had been referred to comm. of professorial members of University Senate for advice. Board members who had been party to original actions spoke against amending them.
Mar 23, 1959, p. 3
President spoke on criticisms by AAUP and their review by a comm. of University Senate with results ending to support the University's position. The Chairman expressed his conviction that University action in the two criticized cases were justifiable.
Apr 27, 1959, p. 1-2
Reported that AAUP had censured NYU for reasons arising from dismissals of Burgum and Bradley. Chairman characterized the action as unwarranted and demands for salary redress as untenable. President stated he anticipated no occasion for amending University action in either case.
Apr 24, 1961, p. 2
Reported AAUP had lifted its censure of NYU due to exemplary revision of University rules of tenure and regardless of the University's refusal to meet salary claims of two dismissed professors. Excerpts from the minutes of the Senate Council. Original in Box 6, folder 1.
Arrangement
Folders are arranged by topic and then are in rough chronological order.
The files are grouped into 4 series:
Missing Title
- I. Senate Faculty Committee
- II. Office of the Chancellor
- III. Office of the Vice Chancellor
- IV. Office of the Dean, Washington Square College
Scope and Content Note
The records of the Edwin Berry Burgum Academic Freedom Case contain administrative and faculty materials assembled between 1952 and 1961. The bulk of the material falls between the years 1952 and 1953, the period of Burgum's suspension and dismissal following his refusal to answer questions before the McCarran Committee of the United States Senate. The contents of the Burgum records consist primarily of administrative and council minutes; bound transcripts of the legal hearings between Burgum and New York University; internal administrative correspondence; correspondence with the American Association of University Professors; and exhibits of legal evidence presented at litigation by both Burgum and the administration under the direction of Thomas Clark Pollock, Dean of Washington Square College between 1947 and 1962. The exhibits contain a great deal of published material, such as books, newspapers, journals, court transcripts, articles and essays. They have been included with the other exhibit items within the Senate Faculty Committee series.
The Burgum records reflect the difficult debates and conflicts in American higher education during the Cold War period. Since the material is administrative in provenance, the collection's series offer insights not only into the scope and nature of the Burgum controversy, but also into the administration's strategies and actions.
While the suspension of Burgum by Chancellor Henry Townley Heald was rendered by executive fiat only hours after Burgum's appearance before the Senate subcommittee, neither the Chancellor nor the Vice Chancellor and Secretary, Harold Oliver Voorhis, played an active role in the subsequent hearing of charges against Burgum. The Chancellor's role was to formulate and state the administration's position. The Vice Chancellor acted as a public relations officer who helped to correspond with the University community, the American Association of University Professors and the public at large. Dean Thomas Clark Pollock of Washington Square College recommended the actual dismissal of Burgum and preferred the charges against him. Pollock played the most active role of any administrative official involved. To hear Dean Pollock's charges, the University Council assigned the case to the faculty members of the University Senate. A Senate Faculty Committee was formed consisting of one representative from each of the twelve divisions of the University. This committee had the obligation to render a decision on the Dean's charges, although it did not have the right of final judgment. That Executive Committee of the University Council held that right.
Central to the records, and of particular interest, is the Senate Faculty Committee series. Box 1 contains transcripts of the University's legal trial against Burgum, while boxes 3 and 4 contain trial exhibit material, including exhibits from Burgum's defense and Dean Pollock's prosecution. Also of interest is correspondence in the Office of the Chancellor series. It contains letters of support and protest from the general public, educators, students, alumni, and faculty, and a lengthy set of correspondence between New York University and the American Association of University Professors over AAUP's investigation and censure of the administration's action in the Burgum affair. A particularly valuable overview and critical analysis of the Burgum case can be found in the 1957 report of New York University's investigation committee on the Burgum and Bradley cases.
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Access Restrictions
Administrative records and unpublished reports of New York University are closed for a period of 20 years from the date of their creation. Access to files spanning multiple years will be opened to researchers based on the date of the most recent materials. Board of Trustees records are closed for 35 years from the date of creation. Materials related to personnel, grievances, job and fellowship searches and applications, and all files that fall under the federal Family Educational Rights and Privacy Act (FERPA) are permanently restricted. Additional restrictions may apply to other materials in this collection. For questions regarding specific restrictions, please contact the University Archives.
Use Restrictions
Any rights (including copyright and related rights to publicity and privacy) held by the creator are maintained by New York University. Permission to publish or reproduce materials in this collection must be secured from New York University Archives, (212) 998-2646, university-archives@nyu.edu.
Preferred Citation
Identification of item, date (if known); The Records of the Edwin Berry Burgum Academic Freedom Case; RG 19.1; box number; folder number; New York University Archives, New York University Libraries.
Provenance
The administrative records of the Edwin Berry Burgum academic freedom case were received by New York University Archives from the Office of the Secretary, Bobst Library, in June of 1984 upon recommendation by an ad hoc committee appointed by Chancellor L. Jay Oliva in September of that year. The records had been restricted and sealed prior to the committee's decision to make them available for research.
The Burgum records are closely related to the records of the Lyman R. Bradley academic freedom case (1924-1961); the two collections were formerly housed together and are similar in character and content. Oversized material has been removed from the collection and is noted in the separation sheet. There are no restrictions on the collection's use. An attached synopsis of the Burgum case taken from Senate Council minutes is provided to offer an overview of the events.
About this Guide
Revisions to this Guide
Edition of this Guide
Repository
Series I. Senate Faculty Committee, 1934-1953, inclusive
Extent
Scope and Contents note
This series consists of administrative and faculty statements, minutes, and correspondence between 1951 and 1953 concerning Burgum's suspension and subsequent university trial and exhibit material introduced by both plaintiff and defendant in the trial as legal evidence. These records include two exhibit items by Hollis Cooley, member of the faculty committee, eighteen exhibit items by Burgum, and sixty-two by Dean Thomas Pollock. This material, gathered in preparation for the trial contains published items such as books, newspapers, court testimony, and journals, as well as thermofax copies of correspondence, articles, essays, and statements and lists of political groups. Some exhibits items remain unidentified. Unmarked exhibits of published material have been removed and placed with other published items in the collection.
NYU v. Burgum vol. 1, Feb 1953
NYU v. Burgum vol. 2, Feb 1953
NYU v. Burgum vol. 3, Feb 1953
NYU v. Burgum vol. 4, Feb 1953
NYU v. Burgum vol. 5, Feb 1953
NYU v. Burgum vol. 6, Feb 1953
NYU v. Burgum vol. 7, Mar 1953
NYU v. Burgum vol. 8, Mar 1953
NYU v. Burgum, vol. 9, Mar 1953
NYU v. Burgum, vol. 10, Mar 1953
AAUP resolution on academic freedom, Mar 1951
Excerpts from minutes of NYU Council, Nov 1952
Statement by Prof. Riggs, Mar 1953
Correspondence: Burgum to Anderson, Mar 1953
Burgum s address to Faculty Committee, Jun 1953
Cooley exhibits 1-2, Jan 1953
Burgum exhibit 1, Oct 1952
Burgum exhibit 2, Nov 1952
Burgum exhibit 3, Dec 1952
Burgum exhibit 4, Dec 1952
Burgum exhibit 5, Dec 1952
Burgum exhibit 6, Jan 1953
Burgum exhibit 7, 14, Mar 1952
Burgum exhibit 8-9, Feb 1953
Burgum exhibit 10, Mar 1948
Burgum exhibit 11, 13, Mar 1951
Burgum exhibit 12, Mar 1949
Burgum exhibit 16, Mar 1953
Burgum exhibit 17-18, Oct 1952
Pollock exhibit 1, Oct 1952
Pollock exhibit 2, Oct 1952
Pollock exhibit 3, Apr 1949
Pollock exhibit 4, Mar 1942
Pollock exhibit 5, Feb 1937
Pollock exhibit 6, Sep 1938-Mar 1939
Pollock exhibit 7, Mar 1940
Pollock exhibit 8, Mar 1948
Pollock exhibit 10-11', ca.Jun 1947
Pollock exhibit 12-14, Dec 1940-Apr 1942
Pollock exhibit 15, Dec 1941
Pollock exhibit 17-20, Nov 1933-Mar 1942
Pollock exhibit 22-25, Feb 1938 , May 1947-Mar 1949 , May 1947-Mar 1949
Pollock exhibit 26-28, Nov 1936-Feb 1937
Pollock exhibit 30-31, Oct 1936-Oct 1952
Pollock exhibit 32, Oct 1942
Pollock exhibit 33, Apr 1938
Pollock exhibit 35, Aug 1950
Pollock exhibits 36-37, Sep 1950-Jan 1951
Pollock exhibits 38-40, Nov 1952-Dec 1952
Pollock exhibit 41, May 1942
Pollock exhibit 42, Jan 1953
Pollock exhibit 43, Nov 1933-Nov 1952
Pollock exhibit 44, Jul 1934-Jan 1940
Pollock exhibit [45-46], Mar 1953
Pollock exhibit 47, Mar 1953
Pollock exhibit 50, 1941-03
Pollock exhibit 51, 1953
Pollock exhibit 52, 1934-02
Pollock exhibit 53, 1935-07
Pollock exhibit 54, 1947-04-28
Pollock exhibit 55, 1953-03-05
Pollock exhibit 56, 1949
Pollock exhibit 57, 1952-02
Pollock exhibit 58, 1953-03-09
Pollack exhibit 59, 1952
Pollack exhibit 60-62, 1935-1949, inclusive
Series II. Office of the Chancellor, 1939-1961, inclusive
Extent
Scope and Contents note
Series II consists of minutes, proceedings, and statements taken between 1952 and 1953 that document action taken by the University Council and the Senate Faculty Committee; correspondence and petitions addressed to Chancellor Henry Heald between 1952 to 1953 from students, the general public, alumni, faculty, and educators for and against Burgum's suspension; correspondence and reports between New York University's President Carroll Newsom and the American Association of University Professors from 1957 to 1961 concerning the Burgum and Bradley cases; handbills, flyers, and newspaper clippings between 1952 and 1954 concerning Burgum's suspension and dismissal. In addition, there are materials that pertain to academic freedom issues that pre-date the Burgum case, including one 1939 letter from Franz Boas regarding the Dies Committee.
Minutes from The Senate Council, Oct 1952-Apr 1953
Statement by Heald for University Council, Nov 1952
Minutes of NYU Senate, Nov 1952
Statement by Dr. Riggs, Mar 1953
Report of Senate Faculty Committee, Apr 1953
Report of Senate Faculty Committee: Draft, Apr 1953
Corr. re: American Committee for Democratic and Intellectual Freedom, Dec 1939-1940
Official corr. re: Burgum's suspension and appeal, Oct 1952-Dec 1952
Burgum's "Dear Colleague" letter, Nov 1952
Corr. re: Burgum's hearing before Senate Faculty Committee, Dec 1952-Mar 1953
Corr.: Students in favor of suspension, Oct 1952
Corr.: Faculty in favor of suspension, Oct 1952-Dec 1952
Corr.: Alumni in favor of suspension, Oct 1952-May 1953
Corr.: Associates and public in favor of suspension, Oct 1952-May 1953
AAUP and education groups re: Burgum's dismissal, Nov 1952-Jan 1953
Corr.: Educators against suspension, Oct 1952-May 1953
Corr.: Students, alumni, and public against suspension, Oct 1952-Dec 1952
Corr.: Students, alumni, and public against suspension, Oct 1952-Mar 1953
Petitions re: Burgum's suspension, Jan 1953
Report of University's investigating comm. re: Bradley/Burgum cases, "CONFIDENTIAL", Sep 1957
Corr.: AAUP-NYU, Mar 1956-Jan 1957
Corr.: AAUP-NYU, Sep 1957-Oct 1958
Corr.: AAUP-NYU, May 1959-Jan 1960
Corr.: AAUP-NYU, Apr 1960-Jan 1961
Newspaper clippings re: Burgum case, Oct 1952 , May 1953-Jun 1956 , May 1953-Jun 1956
Handbills re: Burgum case, Oct 1952-Feb 1953
Series III. Office of the Vice Chancellor, 1951-1961, inclusive
Extent
Scope and Contents note
Series III consists of two groups of materials: minutes, statements, handbills, and correspondence between 1952 and 1954 concerning Burgum's suspension and dismissal; and correspondence between New York University and the American Association of University Professors concerning AAUP's investigation of the Burgum and Bradley cases. Copies of material from the Office of the Chancellor sent to Vice Chancellor Harold Oliver Voorhis constitute the bulk of this series. The series also contains correspondence between Burgum and Voorhis concerning his suspension and dismissal.
Minutes and statements re: Burgum's dismissal Voorhis-Burgum correspondence re:, Apr 1953
Council action taken, Jun 1952-May 1953
Dismissal of Burgum, Dec 1952-Apr 1953
Letter of inquiry re: Burgum case, Nov 1952-Apr 1954
Handbills re: Burgum's suspension, Oct 1952-Feb 1953
AAUP-NYU correspondence re: AAUP draft on Bradley/Burgum, Mar 1951 , Oct 1953-Jan 1956 , Oct 1953-Jan 1956
AAUP-NYU correspondence re: AAUP draft on Bradley/Burgum, Feb 1956-Mar 1956
AAUP-NYU correspondence re: AAUP investigating committee, Nov 1956-Dec 1957
AAUP-NYU correspondence re:AAUP investigating committee, Jan 1958-Sep 1958
AAUP-NYU correspondence re: AAUP investigating committee, Aug 1959-Dec 1959
AAUP-NYU correspondence re: NYU tenure revision, Oct 1960-Aug 1961
Series IV. Office of the Dean, Washington Square College, 1941-2008, inclusive
Extent
Scope and Contents note
Series IV consists of a variety of materials from Dean Thomas Pollock. While some of the material consists of copies and duplicates of records from other series, such as Dean Pollock's statement before the Senate Faculty Committee, Senate Faculty Committee reports, and Burgum's correspondence with the administration among others, much of the material is unique. This includes statements and reports from Rutgers and Harvard Universities concerning academic freedom and tenure cases; correspondence between Dean Pollock and Allan Riggs, Pollock's legal counsel from New York University's School of Law; and a transcript of Burgum's testimony in 1941 before the Rapp-Coudert Committee, an investigation undertaken by the New York State Senate into the assumed existence of teachers of communist affiliation within New York City's municipal school system.