McCarthyism is the practice of making accusations of subversion and treason, especially when related to communism and socialism. The term originally referred to the controversial practices and policies of U.S. Senator Joseph McCarthy (R-Wisconsin), and has its origins in the period in the United States known as the Second Red Scare, lasting from the late 1940s through the 1950s. It was characterized by heightened political repression and persecution of left-wing individuals, and a campaign spreading fear of alleged communist and socialist influence on American institutions and of espionage by Soviet agents. After the mid-1950s, McCarthyism began to decline, mainly due to Joseph McCarthy's gradual loss of public popularity and credibility after several of his accusations were found to be false, and sustained opposition from the U.S. Supreme Court led by Chief Justice Earl Warren on human rights grounds. The Warren Court made a series of rulings on civil and political rights that overturned several McCarthyist laws and directives, and helped bring an end to McCarthyism.
The Internal Security Act of 1950, 64 Stat. 987, also known as the Subversive Activities Control Act of 1950, the McCarran Act after its principal sponsor Sen. Pat McCarran (D-Nevada), or the Concentration Camp Law, is a United States federal law. Congress enacted it over President Harry Truman's veto. It required Communist organizations to register with the federal government. The emergency detention provision was repealed when the Non-Detention Act of 1971 was signed into law by President Richard Nixon.
Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123 (1951), was a United States Supreme Court case that held that groups could sue to challenge their inclusion on the Attorney General's List of Subversive Organizations. The decision was fractured on its reasoning, with each of the Justices in the majority writing separate opinions.
Subversion refers to a process by which the values and principles of a system in place are contradicted or reversed in an attempt to transform the established social order and its structures of power, authority, hierarchy, and social norms. Subversion can be described as an attack on the public morale and, "the will to resist intervention are the products of combined political and social or class loyalties which are usually attached to national symbols. Following penetration, and parallel with the forced disintegration of political and social institutions of the state, these tendencies may be detached and transferred to the political or ideological cause of the aggressor". Subversion is used as a tool to achieve political goals because it generally carries less risk, cost, and difficulty as opposed to open belligerency. Furthermore, it is a relatively cheap form of warfare that does not require large amounts of training. A subversive is something or someone carrying the potential for some degree of subversion. In this context, a "subversive" is sometimes called a "traitor" with respect to the government in power.
The Subversive Activities Control Board (SACB) was a United States government committee to investigate Communist infiltration of American society during the 1950s Red Scare. It was the subject of a landmark United States Supreme Court decision of the Warren Court, Communist Party v. Subversive Activities Control Board, 351 U.S. 115 (1956), that would lead to later decisions that rendered the Board powerless.
United States v. Robel, 389 U.S. 258 (1967), was a case heard by the Supreme Court of the United States. The court ruled that the United States government cannot deprive the people of constitutional rights - in this case, freedom of association - even in the interests of national security.
Stjepan Mesaros, best known as Steve Nelson, was a Croatian-born American political activist. Nelson achieved public notoriety as the political commissar of the Abraham Lincoln Brigade in the Spanish Civil War and a leading functionary of the Communist Party, USA. Nelson is best remembered for having been prosecuted and convicted under the Smith Act in 1953.
The Fifth Amendment to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment.
The Alien Registration Act, popularly known as the Smith Act, 76th United States Congress, 3d session, ch. 439, 54 Stat. 670, 18 U.S.C. § 2385 is a United States federal statute that was enacted on June 28, 1940. It set criminal penalties for advocating the overthrow of the U.S. government by force or violence, and required all non-citizen adult residents to register with the federal government.
Aptheker v. Secretary of State, 378 U.S. 500 (1964), was a landmark decision of the US Supreme Court on the right to travel and passport restrictions as they relate to Fifth Amendment due process rights and First Amendment free speech, freedom of assembly and freedom of association rights. It is the first case in which the US Supreme Court considered the constitutionality of personal restrictions on the right to travel abroad.
The Mundt–Ferguson Communist Registration Bill was a proposed law that would have required all members of the Communist Party of the United States register with the Attorney General.
Wieman v. Updegraff, 344 U.S. 183 (1952), is a unanimous ruling by the United States Supreme Court which held that Oklahoma loyalty oath legislation violated the due process clause of the Fourteenth Amendment to the United States Constitution because it did not give individuals the opportunity to abjure membership in subversive organizations. Due process requires that individuals have scienter, and the Oklahoma statute did not accommodate this requirement.
American Communications Association v. Douds, 339 U.S. 382 (1950), is a 5-to-1 ruling by the United States Supreme Court which held that the Taft–Hartley Act's imposition of an anti-communist oath on labor union leaders does not violate the First Amendment to the United States Constitution, is not an ex post facto law or bill of attainder in violation of Article One, Section 10 of the United States Constitution, and is not a "test oath" in violation of Article Six of the Constitution.
Communist Party of the United States v. Subversive Activities Control Board, 351 U.S. 115 (1956) and 367 U.S. 1 (1961), was a federal court case in the United States involving the compelled registration of the Communist Party of the United States, under a statute requiring that all organizations determined to be directed or controlled by the "world Communist movement" publicly disclose detailed information as to their officers, funds, and membership.
The Smith Act trials of Communist Party leaders in New York City from 1949 to 1958 were the result of US federal government prosecutions in the postwar period and during the Cold War between the Soviet Union and the United States. Leaders of the Communist Party of the United States (CPUSA) were accused of violating the Smith Act, a statute that prohibited advocating violent overthrow of the government. The defendants argued that they advocated a peaceful transition to socialism, and that the First Amendment's guarantee of freedom of speech and of association protected their membership in a political party. Appeals from these trials reached the US Supreme Court, which ruled on issues in Dennis v. United States (1951) and Yates v. United States (1957).
Noto v. United States, 367 U.S. 290 (1961), was a 1961 United States Supreme Court case that reversed the felony conviction of a lower-echelon official of the Communist Party USA (CPUSA).
The Mundt–Nixon Bill, named after Karl E. Mundt and Richard Nixon, formally the Subversive Activities Control Act, was a proposed law in 1948 that would have required all members of the Communist Party of the United States register with the Attorney General.
Joseph Forer (1910–1986) was a 20th-Century American attorney who, with partner David Rein, supported Progressive causes including discriminated communists and African-Americans. Forer was one of the founders o the National Lawyers Guild and its DC chapter. He was also an expert in the "Lost Laws" of Washington, DC, enacted in 1872–1873, that outlawed segregation at business places.
William Albertson was a 20th-century American leader in the Communist Party of the USA who battled federal and state courts, and who in 1964 was framed by the Federal Bureau of Investigation, which was only discovered posthumously in 1975. His widow made an out-of-court settlement in 1989 with the U.S. Government for $170,000.
American Committee for the Protection of Foreign Born was the successor group to the National Council for the Protection of the Foreign Born and its successor, seen by the US federal government as subversive for "protecting foreign Communists who come to this country," thus "enabling them to operate here.".
