Espionage and Sabotage Act of 1954

Identification U.S. federal domestic security legislation

Date Became law on September 3, 1954

The Espionage and Sabotage Act was a hallmark of the Cold War and was passed in response to the perception that American citizens were providing critical information on American defense to the Soviet Union and its agents.

American politics were transformed during 1954. As the year began, Senator Joseph McCarthy—the decade’s most notorious anticommunist figure—was still influential and the United States was uncertain about the direction and intent of the post-Stalinist Soviet Union. In March, 1954, Edward R. Murrow of CBS News denounced McCarthy, and support for the Wisconsin senator soon fell dramatically. During these same months, the French faced defeat in Indochina at Dien Bien Phu (it fell to the Vietnamese on May 7, 1954), and the communists appeared to be making headway in Guatemala and Iran. In the United States, there was fear that some Americans welcomed and supported the advance of communism and that some were involved in treason. The Eisenhower administration responded by addressing the situations in Latin America and the Near East, supporting the division of Indochina, and drafting new legislation that was directed at the internal threat.

Impact

The Espionage and Sabotage Act was directed at curtailing the gathering or delivering of information for any foreign government that would impair the defense of the United States. It was focused on espionage and sabotage acts by American citizens who were sympathetic to or employed by the Soviet Union, communist China, and their satellite states. The act specified that the death penalty was authorized in the event of the killing of an American agent or if the information that was transferred concerned nuclear weapons, military spacecraft or satellites, war plans, early warning systems, codes, or any other major component associated with the defense of the United States. If a person were convicted under this law, the United States government had the right to seize the person’s property that was used in the process of committing treason and all property that might have been acquired using the profits realized by the crime.

This law served as the basis for subsequent legislation, including the Foreign Intelligence Surveillance Act of 1978.

Bibliography

Damms, Richard V. The Eisenhower Presidency, 1953-1961. London: Longman, 2002. An excellent general review of Eisenhower’s tenure as president, including relevant sections on the Cold War and McCarthyism and the domestic political environment of the 1950’s.

Perret, Geoffrey. Eisenhower. New York: Random House, 1999. Using a wide range of primary sources, Perret’s study is the best one-volume work to date on Eisenhower and the politics of the 1950’s.

Taubman, Philip. Secret Empire: Eisenhower, the CIA, and the Hidden Story of America’s Space Espionage. New York: Simon and Schuster, 2003. A worthwhile study of the American approach to Soviet espionage and how the United States countered it.