The paper discusses an important case by the Supreme Court of the United States of America. The decision in 1952 confronts the post-World War II external and internal political-social problems, as well as, in material respects, issues concerning the individual rights of free expression, the exercise of professorship and free belief. As for the formal aspects, the analyzes on open standards, the sovereignty of the States and the limits of the state power. The Supreme Court Judgment resulted in the dismissal of 378 elementary and middle school teachers, only in New York City, for reasons of their political beliefs, in a period considered by a true “witch-hunt “and stemming from “McCarthyism” initiated by Senator Joseph H. MacCarthy. The case will be analyzed in that historical context, in the procedural unfolding until the judgment by the SCOTUS, its consequences and the correspondence with the movement of the “school without party”, a political proposal for Brazilian education.