Laws And Arrests!!!
Efforts to protect the United States from the threat of Communism were done so by federal laws. The Alien Registration Act or Smith Act of 1940 made it a criminal offence for anyone to "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". Lots of Communists and others were prosecuted under this law between 1941 and 1957. 11 leaders of the Communist Party were convicted under the Smith Act in 1949 in the Foley Square trial. 10 were given sentences of 5 years and the 11th was sentenced to three years. The defence attorneys were charged for contempt of court and given jail sentences. In 1951, twenty-three other leaders of the party were charged, including Elizabeth Gurley Flynn, a founder of the American Civil Liberties Union. Many were convicted on the basis of testimony that was later said to be false. By 1957, 140 leaders and members of the Communist Party had been charged under the law, and 93 were convicted.
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" (the Smith Act technically predated McCarthyism). However, the McCarran Act had no real effect beyond legal harassment. It needed the registration of Communist organizations with the U.S. Attorney General and created the Subversive Activities Control Board to seek out possible Communism and Communist organizations so they could be required to register. Due to many 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. In 1952, the Immigration and Nationality, or McCarran-Walter, Act was passed. This allowed the government to deport immigrants or naturalized citizens engaged in subversive activities and also to stop suspects 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 created by Republican John Marshall Butler and Democrat Hubert Humphrey, the law was an extension of the Internal Security Act of 1950, and wanted to outlaw the Communist Party by declaring that the party, as well as "Communist influenced Organizations" were "not entitled to any of the rights, privileges, and immunities upon legal bodies". The Communist Control Act never had any significant effect, and was most notable for the odd mix of liberals and conservatives among its supporters. It 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 put 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."
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" (the Smith Act technically predated McCarthyism). However, the McCarran Act had no real effect beyond legal harassment. It needed the registration of Communist organizations with the U.S. Attorney General and created the Subversive Activities Control Board to seek out possible Communism and Communist organizations so they could be required to register. Due to many 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. In 1952, the Immigration and Nationality, or McCarran-Walter, Act was passed. This allowed the government to deport immigrants or naturalized citizens engaged in subversive activities and also to stop suspects 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 created by Republican John Marshall Butler and Democrat Hubert Humphrey, the law was an extension of the Internal Security Act of 1950, and wanted to outlaw the Communist Party by declaring that the party, as well as "Communist influenced Organizations" were "not entitled to any of the rights, privileges, and immunities upon legal bodies". The Communist Control Act never had any significant effect, and was most notable for the odd mix of liberals and conservatives among its supporters. It 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 put 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."