Internal Security Act of 1950

Identification Federal legislation limiting communist activity in the United States

Date Became law on September 22, 1950

The Internal Security Act, also known as the McCarran Act, was one of the most controversial products of anticommunist hysteria in 1950’s America.

By 1950, fear of international communism had swept the United States as the result of a series of events, including the communist revolution in China, the Soviet Union’s acquisition of a nuclear device, and accusations by Wisconsin senator Joseph McCarthy of communist activity in the United States government. In response to perceived communist threats, Senator Patrick McCarran introduced legislation in late 1950 that would require members of the Communist Party of the U.S.A. and other “subversive” organizations to register with the attorney general, bar members of these organizations from entering the country, and permit the United States government to deport or detain known or suspected communists.

The Internal Security Act passed easily through both houses of Congress. However, President Harry S. Truman vetoed the bill on September 22, 1950, citing constitutional protections of free expression and association and the reputation of the United States as the standard-bearer for freedom in the world. Congress overrode Truman’s veto by large margins (248 to 48 in the House, 57 to 10 in the Senate), however, and the act became law.

Impact

The Internal Security Act was utilized infrequently during the early 1950’s to restrict immigration and prosecute suspected communists. Subsequent court decisions weakened the law, and it was rarely used by the end of the decade. In 1969, a Supreme Court ruling protecting political speech not designed to incite “imminent lawless action” essentially nullified the act. Congress repealed it in 1990.

Bibliography

Fried, Albert. McCarthyism: The Great American Red Scare. New York: Oxford University Press, 1997. This documentary history of the McCarthy era examines the Internal Security Act from its passage to its eventual demise.

Schrecker, Ellen. The Age of McCarthyism: A Brief History with Documents. 2d ed. New York: Palgrave Macmillan, 2002. Contains numerous relevant primary source documents, including a list of “subversive” organizations and the text of Truman’s veto.