McCarthyism, also known as the second Red Scare, was the political repression and persecution of left-wing individuals and a campaign spreading fear of alleged communist and socialist 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should be used instead that more accurately conveys the breadth of the phenomenon, and that the term McCarthyism is now outdated.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 The emergency detention provision was repealed when the Non-Detention Act of 1971 was signed into law by President Richard Nixon.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.
Gus Hall was the General Secretary of the Communist Party USA (CPUSA) and a perennial candidate for president of the United States. He was the Communist Party nominee in the 1972, 1976, 1980, and 1984 presidential elections. As a labor leader, Hall was closely associated with the so-called "Little Steel" Strike of 1937, an effort to unionize the nation's smaller, regional steel manufacturers. During the Second Red Scare, Hall was indicted under the Smith Act and was sentenced to eight years in prison. After his release, Hall led the CPUSA for over 40 years, often taking an orthodox Marxist–Leninist stance.
Dennis v. United States, 341 U.S. 494 (1951), was a United States Supreme Court case relating to Eugene Dennis, General Secretary of the Communist Party USA. The Court ruled that Dennis did not have the right under the First Amendment to the United States Constitution to exercise free speech, publication and assembly, if the exercise involved the creation of a plot to overthrow the government. In 1969, Dennis was de facto overruled by Brandenburg v. Ohio.
A Red Scare is the promotion of a widespread fear of a potential rise of communism, anarchism or other leftist ideologies by a society or state. The term is most often used to refer to two periods in the history of the United States which are referred to by this name. The First Red Scare, which occurred immediately after World War I, revolved around a perceived threat from the American labor movement, anarchist revolution, and political radicalism. The Second Red Scare, which occurred immediately after World War II, was preoccupied with the perception that national or foreign communists were infiltrating or subverting American society and the federal government. Following the end of the Cold War, unearthed documents revealed substantial Soviet spy activity in the United States. The name refers to the red flag as a common symbol of communism.
Gitlow v. New York, 268 U.S. 652 (1925), was a landmark decision of the United States Supreme Court holding that the Fourteenth Amendment to the United States Constitution had extended the First Amendment's provisions protecting freedom of speech and freedom of the press to apply to the governments of U.S. states. Along with Chicago, Burlington & Quincy Railroad Co. v. City of Chicago (1897), it was one of the first major cases involving the incorporation of the Bill of Rights. It was also one of a series of Supreme Court cases that defined the scope of the First Amendment's protection of free speech and established the standard to which a state or the federal government would be held when it criminalized speech or writing.
Yates v. United States, 354 U.S. 298 (1957), was a case decided by the Supreme Court of the United States that held that the First Amendment protected radical and reactionary speech, unless it posed a "clear and present danger".
John Jacob Abt was an American lawyer and politician, who spent most of his career as chief counsel to the Communist Party USA (CPUSA) and was a member of the Communist Party and the Soviet spy network "Ware Group" as alleged by Whittaker Chambers.
Stromberg v. California, 283 U.S. 359 (1931), was a landmark decision of the Supreme Court of the United States in which the Court held, 7–2, that a California statute banning red flags was unconstitutional because it violated the First and Fourteenth Amendments to the United States Constitution. In the case, Yetta Stromberg was convicted for displaying a red flag daily in the youth camp for children at which she worked, and was charged in accordance with California law. Chief Justice Charles Hughes wrote for the seven-justice majority that the California statute was unconstitutional, and therefore Stromberg's conviction could not stand.
De Jonge v. Oregon, 299 U.S. 353 (1937), was a case in which the Supreme Court of the United States held that the Fourteenth Amendment's due process clause applies freedom of assembly against the states. The Court found that Dirk De Jonge had the right to speak at a peaceful public meeting held by the Communist Party, even though the party generally advocated an industrial or political change in revolution. However, in the 1950s with the fear of communism on the rise, the Court ruled in Dennis v. United States (1951) that Eugene Dennis, who was the leader of the Communist Party, violated the Smith Act by advocating the forcible overthrow of the United States government.
Benjamin Jefferson Davis Jr., was an African-American lawyer and communist who was elected in 1943 to the New York City Council, representing Harlem. He faced increasing opposition from outside Harlem after the end of World War II. In 1949 he was among a number of communist leaders prosecuted for violating the Smith Act. He was convicted and sentenced to five years in prison.
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.
Claude M. Lightfoot (1910–1991) was an African-American activist, politician, and author. From 1957 until his death in 1991 Lightfoot was an officer of the Communist Party of the USA (CPUSA) and was several times the nominee of that party for elected political office. The author of many books and articles about racism and communism, Lightfoot also traveled and lectured throughout the world.
Henry M. Winston was an African-American political leader and Marxist civil rights activist.
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.
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.
Junius Scales was an American leader of the Communist Party of the United States of America notable for his arrest and conviction under the Smith Act in the 1950s. He was arrested in Memphis, Tennessee, in 1954 after going underground. His appeals lasted seven years and reached the Supreme Court twice. He began serving a six-year sentence at Lewisburg Federal Penitentiary in October 1961. On Christmas Eve 1962, President Kennedy commuted his sentence and he was released.
Pennsylvania v. Nelson, 350 U.S. 497 (1956), was a United States Supreme Court case that established a precedent for the preemption of United States Federal law over State laws. The case was argued November 15–16, 1955 and the decision was handed down April 2, 1956. The State of Pennsylvania tried to convict a man of sedition under a state law, but a Federal law existed on the same subject. The Court ruled that the Federal law, the Smith Act, overruled the state law, the Pennsylvania Sedition Act, even though the state law was created before the federal law. Nelson, who was convicted under the state law, was therefore mistried.
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).
