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should be used instead that more accurately conveys the breadth of the phenomenon, and that the term McCarthyism is now outdated.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 The emergency detention provision was repealed when the Non-Detention Act of 1971 was signed into law by President Richard Nixon.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.
The United States Senate's Special Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws, 1951–77, known more commonly as the Senate Internal Security Subcommittee (SISS) and sometimes the McCarran Committee, was authorized by S. 366, approved December 21, 1950, to study and investigate (1) the administration, operation, and enforcement of the Internal Security Act of 1950 and other laws relating to espionage, sabotage, and the protection of the internal security of the United States and (2) the extent, nature, and effects of subversive activities in the United States "including, but not limited to, espionage, sabotage, and infiltration of persons who are or may be under the domination of the foreign government or organization controlling the world Communist movement or any movement seeking to overthrow the Government of the United States by force and violence". The resolution also authorized the subcommittee to subpoena witnesses and require the production of documents. Because of the nature of its investigations, the subcommittee is considered by some to be the Senate equivalent to the older House Un-American Activities Committee (HUAC).
Patrick Anthony McCarran was an American farmer, attorney, judge, and Democratic politician who represented Nevada in the United States Senate from 1933 until 1954. McCarran was born in Reno, Nevada, attended Nevada State University, and was a farmer and rancher. In 1902, he won election to the Nevada Assembly but left office in 1905 after an unsuccessful campaign for the Nevada State Senate. He studied law privately and was admitted to the bar in 1905, then won election as Nye County District Attorney. He served a two-year term, after which he returned to Reno. From 1913 to 1919, McCarran was a justice of the Supreme Court of Nevada, serving as chief justice from 1917 to 1919. His support for the aviation industry was well known and resulted in Paradise, Nevada's former McCarran Field being named in his honor.
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.
The Communist Control Act of 1954 is an American law signed by President Dwight Eisenhower on August 24, 1954, that outlaws the Communist Party of the United States and criminalizes membership in or support for the party or "Communist-action" organizations and defines evidence to be considered by a jury in determining participation in the activities, planning, actions, objectives, or purposes of such organizations.
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.
The Non-Detention Act of 1971 is a United States statute enacted to repeal portions of the McCarran Internal Security Act of 1950, specifically Title II, the "Emergency Detention Act". The law repealed the Emergency Detention Act of 1950 provisioning the United States Attorney General with powers for detention of anyone in the US deemed to be a threat to the national security of the United States. The 64 Stat. 1019 statute was codified within Title 50 War and National Defense as 50 U.S.C. ch. 23, subch. II §§ 811-826.
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.
Mosess "Moe" Fishman fought with the Abraham Lincoln Brigade and was wounded during the Spanish Civil War. He was general secretary of the Abraham Lincoln Brigade Veterans' Association.
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.
Subversive activities registration is sometimes required by governments.
Irvin Chambers Scarbeck was a US State Department official who was convicted of giving information to Polish UB during the Cold War after he became involved in a romantic affair with a Polish woman and was blackmailed by Polish intelligence agents. His case was the first prosecution under Title 50 783(b) of the Subversive Activities Control Act. His case also prompted a modification of the Espionage Act of 1917 to allow it to be used outside U.S. territory.
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.
There have long been ideological restrictions on naturalization in United States law. Nativism and anti-anarchism at the turn of the 20th century, the red scare in the 1920s, and further fears against communism in the 1950s each shaped United States nationality law. Though ideological exclusions on entry were largely eliminated in 1990, ideological bars arising from each of these time periods and prior still exist in American naturalization law. This long history has resulted in a naturalization statute that requires naturalization applicants to be "attached to the principles of the Constitution of the United States" and forbids them from adhering to several more specific ideological principles such as totalitarianism, communism, and anarchism.
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).
Scales v. United States, 367 U.S. 203 (1961), was a 1960 decision of the United States Supreme Court that upheld the conviction of Junius Scales for violating of the Smith Act on the basis on his membership in the Communist Party of the United States (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.
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.".
