McCarthyism

Executive Order 9835, signed by President Truman in 1947

In the federal government, President Truman's Executive Order 9835 initiated a program of loyalty reviews for federal employees in 1947. It called for dismissal if there were "reasonable grounds ... for belief that the person involved is disloyal to the Government of the United States."[23] Truman, a Democrat, was probably reacting in part to the Republican sweep in the 1946 Congressional election and felt a need to counter growing criticism from conservatives and anti-communists.[24]

When President Dwight Eisenhower took office in 1953, he strengthened and extended Truman's loyalty review program, while decreasing the avenues of appeal available to dismissed employees. Hiram Bingham, chairman of the Civil Service Commission Loyalty Review Board, referred to the new rules he was obliged to enforce as "just not the American way of doing things."[25] The following year, J. Robert Oppenheimer, scientific director of the Manhattan Project that built the first atomic bomb, then working as a consultant to the Atomic Energy Commission, was stripped of his security clearance after a four-week hearing. Oppenheimer had received a top-secret clearance in 1947, but was denied clearance in the harsher climate of 1954.

Similar loyalty reviews were established in many state and local government offices and some private industries across the nation. In 1958, an estimated one of every five employees in the United States was required to pass some sort of loyalty review.[26] Once a person lost a job due to an unfavorable loyalty review, finding other employment could be very difficult. "A man is ruined everywhere and forever," in the words of the chairman of President Truman's Loyalty Review Board. "No responsible employer would be likely to take a chance in giving him a job."[27]

The Department of Justice started keeping a list of organizations that it deemed subversive beginning in 1942. This list was first made public in 1948, when it included 78 groups. At its longest, it comprised 154 organizations, 110 of them identified as Communist. In the context of a loyalty review, membership in a listed organization was meant to raise a question, but not to be considered proof of disloyalty. One of the most common causes of suspicion was membership in the Washington Bookshop Association, a left-leaning organization that offered lectures on literature, classical music concerts, and discounts on books.[28]

J. Edgar Hoover in 1961

FBI director J. Edgar Hoover designed President Truman's loyalty-security program, and its background investigations of employees were carried out by FBI agents. This was a major assignment that led to the number of agents in the bureau being increased from 3,559 in 1946 to 7,029 in 1952. Hoover's sense of the communist threat and the standards of evidence applied by his bureau resulted in thousands of government workers losing their jobs. Due to Hoover's insistence upon keeping the identity of his informers secret, most subjects of loyalty-security reviews were not allowed to cross-examine or know the identities of those who accused them. In many cases, they were not even told of what they were accused.[29]

Hoover's influence extended beyond federal government employees and beyond the loyalty-security programs. The records of loyalty review hearings and investigations were supposed to be confidential, but Hoover routinely gave evidence from them to congressional committees such as HUAC.[30]

From 1951 to 1955, the FBI operated a secret "Responsibilities Program" that distributed anonymous documents with evidence from FBI files of communist affiliations on the part of teachers, lawyers, and others. Many people accused in these "blind memoranda" were fired without any further process.[31]

The FBI engaged in a number of illegal practices in its pursuit of information on communists, including burglaries, opening mail, and illegal wiretaps.[32] The members of the left-wing National Lawyers Guild (NLG) were among the few attorneys who were willing to defend clients in communist-related cases, and this made the NLG a particular target of Hoover's; the office of the NLG was burgled by the FBI at least 14 times between 1947 and 1951.[33] Among other purposes, the FBI used its illegally obtained information to alert prosecuting attorneys about the planned legal strategies of NLG defense lawyers.[34][35]

The FBI also used illegal undercover operations to disrupt communist and other dissident political groups. In 1956, Hoover was becoming increasingly frustrated by Supreme Court decisions that limited the Justice Department's ability to prosecute communists. At this time, he formalized a covert "dirty tricks" program under the name COINTELPRO.[32] COINTELPRO actions included planting forged documents to create the suspicion that a key person was an FBI informer, spreading rumors through anonymous letters, leaking information to the press, calling for IRS audits, and the like. The COINTELPRO program remained in operation until 1971.

Historian Ellen Schrecker calls the FBI "the single most important component of the anti-communist crusade" and writes: "Had observers known in the 1950s what they have learned since the 1970s, when the Freedom of Information Act opened the Bureau's files, 'McCarthyism' would probably be called 'Hooverism'."[36]

In March 1950, McCarthy had initiated a series of investigations into potential infiltration of the Central Intelligence Agency (CIA) by communist agents and came up with a list of security risks that matched one previously compiled by the Agency itself. At the request of CIA director Allen Dulles, President Eisenhower demanded that McCarthy discontinue issuing subpoenas against the CIA. Documents made public in 2004 revealed that the CIA, under Dulles' orders, had broken into McCarthy's Senate office and fed disinformation to him in order to discredit him and stop his investigation from proceeding any further.[37]

The House Committee on Un-American Activities (commonly referred to as the HUAC) was the most prominent and active government committee involved in anti-communist investigations. Formed in 1938 and known as the Dies Committee, named for Rep. Martin Dies, who chaired it until 1944, HUAC investigated a variety of "activities", including those of German-American Nazis during World War II. The committee soon focused on communism, beginning with an investigation into communists in the Federal Theatre Project in 1938. A significant step for HUAC was its investigation of the charges of espionage brought against Alger Hiss in 1948. This investigation ultimately resulted in Hiss's trial and conviction for perjury, and convinced many of the usefulness of congressional committees for uncovering communist subversion.

HUAC achieved its greatest fame and notoriety with its investigation into the Hollywood film industry. In October 1947, the committee began to subpoena screenwriters, directors, and other movie-industry professionals to testify about their known or suspected membership in the Communist Party, association with its members, or support of its beliefs. At these testimonies, this question was asked: "Are you now or have you ever been a member of the Communist Party of the United States?"[38][39] Among the first film industry witnesses subpoenaed by the committee were ten who decided not to cooperate. These men, who became known as the "Hollywood Ten", cited the First Amendment's guarantee of free speech and free assembly, which they believed legally protected them from being required to answer the committee's questions. This tactic failed, and the ten were sentenced to prison for contempt of Congress. Two of them were sentenced to six months, the rest to a year.

In the future, witnesses (in the entertainment industries and otherwise) who were determined not to cooperate with the committee would claim their Fifth Amendment protection against self-incrimination. William Grooper and Rockwell Kent, the only two visual artists to be questioned by McCarthy, both took this approach, and emerged relatively unscathed by the experience.[40] However, while this usually protected witnesses from a contempt-of-Congress citation, it was considered grounds for dismissal by many government and private-industry employers. The legal requirements for Fifth Amendment protection were such that a person could not testify about his own association with the Communist Party and then refuse to "name names" of colleagues with communist affiliations.[41] Thus, many faced a choice between "crawl[ing] through the mud to be an informer," as actor Larry Parks put it, or becoming known as a "Fifth Amendment Communist"—an epithet often used by Senator McCarthy.[42]

In the Senate, the primary committee for investigating communists was the Senate Internal Security Subcommittee (SISS), formed in 1950 and charged with ensuring the enforcement of laws relating to "espionage, sabotage, and the protection of the internal security of the United States". The SISS was headed by Democrat Pat McCarran and gained a reputation for careful and extensive investigations. This committee spent a year investigating Owen Lattimore and other members of the Institute of Pacific Relations. As had been done numerous times before, the collection of scholars and diplomats associated with Lattimore (the so-called China Hands) were accused of "losing China", and while some evidence of pro-communist attitudes was found, nothing supported McCarran's accusation that Lattimore was "a conscious and articulate instrument of the Soviet conspiracy". Lattimore was charged with perjuring himself before the SISS in 1952. After many of the charges were rejected by a federal judge and one of the witnesses confessed to perjury, the case was dropped in 1955.[43]

McCarthy headed the Senate Permanent Subcommittee on Investigations in 1953 and 1954, and during that time, used it for a number of his communist-hunting investigations. McCarthy first examined allegations of communist influence in the Voice of America, and then turned to the overseas library program of the State Department. Card catalogs of these libraries were searched for works by authors McCarthy deemed inappropriate. McCarthy then recited the list of supposedly pro-communist authors before his subcommittee and the press. Yielding to the pressure, the State Department ordered its overseas librarians to remove from their shelves "material by any controversial persons, Communists, fellow travelers, etc." Some libraries actually burned the newly forbidden books.[44] Though he did not block the State Department from carrying out this order, President Eisenhower publicly criticized the initiative as well, telling the graduating class of Dartmouth College President in 1953: "Don't join the book burners! … Don't be afraid to go to the library and read every book so long as that document does not offend our own ideas of decency—that should be the only censorship."[45] The president then settled for a compromise by retaining the ban on Communist books written by Communists, while also allowing the libraries to keep books on Communism written by anti-Communists.[46]

McCarthy's committee then began an investigation into the United States Army. This began at the Army Signal Corps laboratory at Fort Monmouth. McCarthy garnered some headlines with stories of a dangerous spy ring among the Army researchers, but ultimately nothing came of this investigation.[47]

McCarthy next turned his attention to the case of a U.S. Army dentist who had been promoted to the rank of major despite having refused to answer questions on an Army loyalty review form. McCarthy's handling of this investigation, including a series of insults directed at a brigadier general, led to the Army–McCarthy hearings, with the Army and McCarthy trading charges and counter-charges for 36 days before a nationwide television audience. While the official outcome of the hearings was inconclusive, this exposure of McCarthy to the American public resulted in a sharp decline in his popularity.[48] In less than a year, McCarthy was censured by the Senate, and his position as a prominent force in anti-communism was essentially ended.[49]

On November 25, 1947, the day after the House of Representatives approved citations of contempt for the Hollywood Ten, Eric Johnston, president of the Motion Picture Association of America, issued a press release on behalf of the heads of the major studios that came to be referred to as the Waldorf Statement. This statement announced the firing of the Hollywood Ten and stated: "We will not knowingly employ a Communist or a member of any party or group which advocates the overthrow of the government of the United States..." This marked the beginning of the Hollywood blacklist. In spite of the fact that hundreds were denied employment, the studios, producers, and other employers did not publicly admit that a blacklist existed.

At this time, private loyalty review boards and anti-communist investigators began to appear to fill a growing demand among certain industries to certify that their employees were above reproach. Companies that were concerned about the sensitivity of their business, or which, like the entertainment industry, felt particularly vulnerable to public opinion, made use of these private services. For a fee, these teams investigated employees and questioned them about their politics and affiliations.

At such hearings, the subject usually did not have a right to the presence of an attorney, and as with HUAC, the interviewee might be asked to defend himself against accusations without being allowed to cross-examine the accuser. These agencies kept cross-referenced lists of leftist organizations, publications, rallies, charities, and the like, as well as lists of individuals who were known or suspected communists. Books such as Red Channels and newsletters such as Counterattack and Confidential Information were published to keep track of communist and leftist organizations and individuals.[50] Insofar as the various blacklists of McCarthyism were actual physical lists, they were created and maintained by these private organizations.

Efforts to protect the United States from the perceived threat of communist subversion were particularly enabled by several federal laws. The Hatch Act of 1939 banned membership in subversive organizations, which was interpreted as being anti-labor legislation.[51] The Hatch Act would allow for the reduction of influence of the Workers' Alliance, which was claimed to have been created by the Soviet Union based on a model of their unemployed councils.[51] The Alien Registration Act or Smith Act of 1940 made the act of "knowingly or willfully advocate, abet, advise or teach the ... desirability or propriety of overthrowing the Government of the United States or of any State by force or violence, or for anyone to organize any association which teaches, advises or encourages such an overthrow, or for anyone to become a member of or to affiliate with any such association" a criminal offense.

Hundreds of communists and others were prosecuted under this law between 1941 and 1957. Eleven leaders of the Communist Party were convicted under the Smith Act in 1949 in the Foley Square trial. Ten defendants were given sentences of five years and the eleventh was sentenced to three years. The defense attorneys were cited for contempt of court and given prison sentences.[52] In 1951, 23 other leaders of the party were indicted, including Elizabeth Gurley Flynn, a founding member of the American Civil Liberties Union. Many were convicted on the basis of testimony that was later admitted to be false.[53] By 1957, 140 leaders and members of the Communist Party had been charged under the law, of whom 93 were convicted.[54]

The McCarran Internal Security Act, which became law in 1950, has been described by scholar Ellen Schrecker as "the McCarthy era's only important piece of legislation"[55] (the Smith Act technically antedated McCarthyism). However, the McCarran Act had no real effect beyond legal harassment. It required the registration of Communist organizations with the U.S. Attorney General and established the Subversive Activities Control Board to investigate possible communist-action and communist-front organizations so they could be required to register. Due to numerous hearings, delays, and appeals, the act was never enforced, even with regard to the Communist Party of the United States itself, and the major provisions of the act were found to be unconstitutional in 1965 and 1967.[56] In 1952, the Immigration and Nationality, or McCarran–Walter, Act was passed. This law allowed the government to deport immigrants or naturalized citizens engaged in subversive activities and also to bar suspected subversives from entering the country.

The Communist Control Act of 1954 was passed with overwhelming support in both houses of Congress after very little debate. Jointly drafted by Republican John Marshall Butler and Democrat Hubert Humphrey, the law was an extension of the Internal Security Act of 1950, and sought to outlaw the Communist Party by declaring that the party, as well as "Communist-Infiltrated Organizations" were "not entitled to any of the rights, privileges, and immunities attendant upon legal bodies." While the Communist Control Act had an odd mix of liberals and conservatives among its supporters, it never had any significant effect.

The act was successfully applied only twice. In 1954 it was used to prevent Communist Party members from appearing on the New Jersey state ballot, and in 1960, it was cited to deny the CPUSA recognition as an employer under New York state's unemployment compensation system. The New York Post called the act "a monstrosity", "a wretched repudiation of democratic principles," while The Nation accused Democratic liberals of a "neurotic, election-year anxiety to escape the charge of being 'soft on Communism' even at the expense of sacrificing constitutional rights."[57]

In addition to the federal laws and responding to the worries of the local opinion, several states enacted anti-communist statutes.

By 1952, several states had enacted statutes against criminal anarchy, criminal syndicalism, and sedition; banned communists and "subversives" from public employment, or even from receiving public aid; demanded on loyalty oaths from public servants; and severely restricted or banned the Communist Party. In addition, six states had equivalents to the HUAC.[58] The California Senate Factfinding Subcommittee on Un-American Activities[59] and the Florida Legislative Investigation Committee were established by their respective legislatures.

Some of these states had very severe, or even extreme, laws against communism. In 1950, Michigan enacted life imprisonment for subversive propaganda; the following year, Tennessee enacted the death penalty for advocating the violent overthrow of the government.[58] The death penalty for membership in the Communist Party was discussed in Texas by Governor Allan Shivers, who described it as "worse than murder."[60][61]

Municipalities and counties also enacted anti-communist ordinances: Los Angeles banned any communist or "Muscovite model of police-state dictatorship" from owning arms, while Birmingham, Alabama and Jacksonville, Florida banned any communist from being within the city's limits.[58]

A key figure in the end of the blacklisting of McCarthyism was John Henry Faulk. Host of an afternoon comedy radio show, Faulk was a leftist active in his union, the American Federation of Television and Radio Artists. He was scrutinized by AWARE, Inc., one of the private firms that examined individuals for signs of communist "disloyalty". Marked by AWARE as unfit, he was fired by CBS Radio. Almost uniquely among the many victims of blacklisting, Faulk decided to sue AWARE in 1957 and finally won the case in 1962.[148]

With this court decision, the private blacklisters and those who used them were put on notice that they were legally liable for the professional and financial damage they caused. Although some informal blacklisting continued, the private "loyalty checking" agencies were soon a thing of the past.[149] Even before the Faulk verdict, many in Hollywood had decided it was time to break the blacklist. In 1960, Dalton Trumbo, one of the best known members of the Hollywood Ten, was publicly credited with writing the films Exodus and Spartacus.

Much of the undoing of McCarthyism came at the hands of the U.S. Supreme Court under Chief Justice Earl Warren.[2][3] As Richard Rovere wrote in his biography of Joseph McCarthy, "[T]he United States Supreme Court took judicial notice of the rents McCarthy was making in the fabric of liberty and thereupon wrote a series of decisions that have made the fabric stronger than before."[150] Two Eisenhower appointees to the court—Earl Warren (who was made Chief Justice) and William J. Brennan, Jr.—proved to be more liberal than Eisenhower had anticipated.[151]

The Warren Court made a series of rulings that helped bring an end to the McCarthyism.[4][5][6]

In 1956, the Warren Court heard the case of Slochower v. Board of Education. Harry Slochower was a professor at Brooklyn College who had been fired by New York City for invoking the Fifth Amendment when McCarthy's committee questioned him about his past membership in the Communist Party. The court prohibited such actions, ruling "...we must condemn the practice of imputing a sinister meaning to the exercise of a person's constitutional right under the Fifth Amendment… The privilege against self-incrimination would be reduced to a hollow mockery if its exercise could be taken as equivalent either to a confession of guilt or a conclusive presumption of perjury."[152] In addition, the 1956 Cole v. Young ruling also greatly weakened the ability to discriminate in the federal civilian workforce.[153]

Another key decision was in the 1957 case Yates v. United States, in which the convictions of fourteen Communists were reversed. In Justice Black's opinion, he wrote of the original "Smith Act" trials: "The testimony of witnesses is comparatively insignificant. Guilt or innocence may turn on what Marx or Engels or someone else wrote or advocated as much as a hundred years or more ago… When the propriety of obnoxious or unfamiliar view about government is in reality made the crucial issue, …prejudice makes conviction inevitable except in the rarest circumstances."[154]

Also in 1957, the Supreme Court ruled on the case of Watkins v. United States, curtailing the power of HUAC to punish uncooperative witnesses by finding them in contempt of Congress. Justice Warren wrote in the decision: "The mere summoning of a witness and compelling him to testify, against his will, about his beliefs, expressions or associations is a measure of governmental interference. And when those forced revelations concern matters that are unorthodox, unpopular, or even hateful to the general public, the reaction in the life of the witness may be disastrous."[155][156]

In its 1958 decision in Kent v. Dulles, the Supreme Court halted the State Department from using the authority of its own regulations to refuse or revoke passports based on an applicant's communist beliefs or associations.[157]

The political divisions McCarthyism created in the United States continue to make themselves manifest, and the politics and history of anti-communism in the United States are still contentious. Portions of the massive security apparatus established during the McCarthy era still exist. Loyalty oaths are still required by the California Constitution for all officials and employees of the government of California (which is highly problematic for Quakers and Jehovah's Witnesses whose beliefs preclude them from pledging absolute loyalty to the state).[158] At the federal level, a few portions of the McCarran Internal Security Act remain in effect. However, the act's detention provision was repealed in 1971.[159] The McCarran Act's Communist registration requirement was declared unconstitutional in the 1965 Supreme Court ruling in Albertson v. Subversive Activities Control Board as well. The McCarran Act's Subversive Activities Control Board, which enforced the law's investigation requirement for persons alleged to be involved in "subversive activities", was officially abolished through Congressional legislation in 1972 as well.[160]

McCarthyism also attracts controversy purely as a historical issue. Through declassified documents from Soviet archives and Venona project decryptions of coded Soviet messages, the Soviet Union was found to have engaged in substantial espionage activities in the United States during the 1940s. The Communist Party USA also was substantially funded and its policies controlled by the Soviet Union, and accusations existed that CPUSA members were often recruited as spies.[161][162]

Liberal anti-communists like Edward Shils and Daniel Moynihan had a contempt for McCarthyism. Sociologist Edward Shils criticized an excessive policy of secrecy during the Cold War, that led to the misdirection of McCarthyism, which was addressed during the 1994–1997 Moynihan Commission. As Moynihan put it, "reaction to McCarthy took the form of a modish anti-anti-Communism that considered impolite any discussion of the very real threat Communism posed to Western values and security." After revelations of Soviet spy networks from the declassified Venona project, Moynihan wondered: "Might less secrecy have prevented the liberal overreaction to McCarthyism as well as McCarthyism itself?" He described the situation during the McCarthy era as "ignorant armies clashed by night". With McCarthy advocating an extremist view, the discussion of communist subversion was made into a civil rights issue instead of a counterintelligence one.[68]

In the view of some contemporary commentators, the revelations from Venona and other archives on espionage, stand as at least a partial vindication of McCarthyism.[163] Some such as Goldberg feel that a genuinely dangerous subversive element was in the United States, and that this danger justified extreme measures.[164] The opposing view holds that, recent revelations notwithstanding, by the time McCarthyism began in the late 1940s, the CPUSA was an ineffectual fringe group, and the damage done to U.S. interests by Soviet spies after World War II was minimal.[165] Historian Ellen Schrecker states, "in this country, McCarthyism did more damage to the constitution than the American Communist Party ever did."[166]

Historian John Earl Haynes, while acknowledging that inexcusable excesses occurred during McCarthyism, argues that some contemporary historians of McCarthyism underplay the un-democratic nature of the CPUSA.[167] At the same time, Haynes, who studied the Venona decryptions extensively, argued that McCarthy's attempts to "make anti-communism a partisan weapon" actually "threatened [the post-War] anti-Communist consensus", thereby ultimately harming anti-Communist efforts more than helping them.[168] Of the 159 people who were identified on lists used or referenced by McCarthy, evidence only substantially proved that nine of them had aided Soviet espionage efforts—while several hundred Soviet spies were actually known based on Venona and other evidence, most were never named by McCarthy.[169][170]

A number of observers have compared the oppression of liberals and leftists during the McCarthy period to 2000s-era actions against suspected terrorists, most of them Muslims. In The Age of Anxiety: McCarthyism to Terrorism, author Haynes Johnson compares the "abuses suffered by aliens thrown into high-security U.S. prisons in the wake of 9/11" to the excesses of the McCarthy era.[171] Similarly, David D. Cole has written that the Patriot Act "in effect resurrects the philosophy of McCarthyism, simply substituting 'terrorist' for 'communist'."[172]

From the opposite pole, conservative writer Ann Coulter devotes much of her book Treason to drawing parallels between past opposition to McCarthy and McCarthyism and the policies and beliefs of modern-day liberals, arguing that the former hindered the anti-communist cause and the latter hinder the War on Terrorism.[173] Other authors who have drawn on a comparison between current anti-terrorism policies and McCarthyism include Geoffrey R. Stone,[174] Ted Morgan,[175] and Jonah Goldberg.[164]

Since the time of McCarthy, the word McCarthyism has entered American speech as a general term for a variety of practices: aggressively questioning a person's patriotism, making poorly supported accusations, using accusations of disloyalty to pressure a person to adhere to conformist politics or to discredit an opponent, subverting civil and political rights in the name of national security, and the use of demagoguery are all often referred to as McCarthyism.[176][177][178]

• Haynes, John Earl. "The Cold War debate continues: A traditionalist view of historical writing on domestic Communism and anti-Communism." Journal of Cold War Studies 2.1 (2000): 76–115.
• Hixson Jr, William B. Search for the American right wing: An analysis of the social science record, 1955–1987 (Princeton University Press, 2015).
• Reeves, Thomas C. "McCarthyism: Interpretations since Hofstadter." Wisconsin Magazine of History (1976): 42–54. online
• Selverstone, Marc J. "A Literature So Immense: The Historiography of Anticommunism." Organization of American Historians Magazine of History 24.4 (2010): 7–11.