McCarthyism, also known as the Second Red Scare, was the political repression and persecution of left-wing individuals and a campaign spreading fear of communist and Soviet influence on American institutions and of Soviet espionage in the United States during the late 1940s through the 1950s. After the mid-1950s, U.S. Senator Joseph McCarthy, who had spearheaded the campaign, gradually lost his public popularity and credibility after several of his accusations were found to be false. The U.S. Supreme Court under Chief Justice Earl Warren made a series of rulings on civil and political rights that overturned several key laws and legislative directives, and helped bring an end to the Second Red Scare. Historians have suggested since the 1980s that as McCarthy's involvement was less central than that of others, a different and more accurate term should be used instead that more accurately conveys the breadth of the phenomenon, and that the term McCarthyism is, in the modern day, outdated. Ellen Schrecker has suggested that Hooverism, after FBI Head J. Edgar Hoover, is more appropriate.
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 1965 U.S Supreme Court ruling in Albertson v. Subversive Activities Control Board saw much of the act's Communist registration requirement abolished. The emergency detention provision was repealed when the Non-Detention Act of 1971 was signed into law by President Richard Nixon. The act's Subversive Activities Control Board, which enforced the law's provision calling for investigations of persons engaging in "subversive activities," would also be abolished in 1972.
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.
Nathan Witt, born Nathan Wittowsky, was an American lawyer who is best known as being the Secretary of the National Labor Relations Board (NLRB) from 1937 to 1940. He resigned from the NLRB after his communist political beliefs were exposed, and he was accused of manipulating the Board's policies to favor his own political leanings. He was also investigated several times in the late 1940s and 1950s for being a spy for the Soviet Union in the 1930s. No evidence of espionage was ever found.
The Civil Rights Congress (CRC) was a United States civil rights organization, formed in 1946 at a national conference for radicals and disbanded in 1956. It succeeded the International Labor Defense, the National Federation for Constitutional Liberties, and the National Negro Congress, serving as a defense organization. Beginning about 1948, it became involved in representing African Americans sentenced to death and other highly prominent cases, in part to highlight racial injustice in the United States. After Rosa Lee Ingram and her two teenage sons were sentenced in Georgia, the CRC conducted a national appeals campaign on their behalf, their first for African Americans.
The Foreign Agents Registration Act (FARA) is a United States law that imposes public disclosure obligations on persons representing foreign interests. It requires "foreign agents"—defined as individuals or entities engaged in domestic lobbying or advocacy for foreign governments, organizations, or persons —to register with the Department of Justice (DOJ) and disclose their relationship, activities, and related financial compensation.
The Subversive Activities Control Board (SACB) was a United States federal committee. 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.
President Harry S. Truman signed United States Executive Order 9835, sometimes known as the "Loyalty Order", on March 21, 1947. The order established the first general loyalty program in the United States, designed to root out communist influence in the U.S. federal government. Truman aimed to rally public opinion behind his Cold War policies with investigations conducted under its authority. He also hoped to quiet right-wing critics who accused Democrats of being soft on communism. At the same time, he advised the Loyalty Review Board to limit the role of the Federal Bureau of Investigation (FBI) to avoid a witch hunt. The program investigated over 3 million government employees, just over 300 of whom were dismissed as security risks.
Jencks v. United States, 353 U.S. 657 (1957), is a decision of the U.S. Supreme Court in which the court held that the federal government must produce documents relied upon by government witnesses in federal criminal proceedings.
Edward Francis Harrington is an American lawyer who serves as a senior United States district judge of the United States District Court for the District of Massachusetts.
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.
The Supreme Court of the United States handed down nineteen per curiam opinions during its 2009 term, which began on October 5, 2009, and concluded October 3, 2010.
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.
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).
The International Labor Defense (ILD) (1925–1947) was a legal advocacy organization established in 1925 in the United States as the American section of the Comintern's International Red Aid network. The ILD defended Sacco and Vanzetti, was active in the anti-lynching, movements for civil rights, and prominently participated in the defense and legal appeals in the cause célèbre of the Scottsboro Boys in the early 1930s. Its work contributed to the appeal of the Communist Party among African Americans in the South. In addition to fundraising for defense and assisting in defense strategies, from January 1926 it published Labor Defender, a monthly illustrated magazine that achieved wide circulation. In 1946 the ILD was merged with the National Federation for Constitutional Liberties to form the Civil Rights Congress, which served as the new legal defense organization of the Communist Party USA. It intended to expand its appeal, especially to African Americans in the South. In several prominent cases in which blacks had been sentenced to death in the South, the CRC campaigned on behalf of black defendants. It had some conflict with former allies, such as the NAACP, and became increasingly isolated. Because of federal government pressure against organizations it considered subversive, such as the CRC, it became less useful in representing defendants in criminal justice cases. The CRC was dissolved in 1956. At the same time, in this period, black leaders were expanding the activities and reach of the Civil Rights Movement. In 1954, in a case managed by the NAACP, the US Supreme Court ruled in Brown v. Board of Education that segregation of public schools was unconstitutional.
The Mundt–Nixon Bill, named after Karl 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 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 of 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.
