Subversion and the Supreme Court
"Subversion and the Supreme Court" explores the tension between national security and civil liberties during the Cold War era in the United States. Amidst fears of communism infiltrating the government, a range of legislative measures were enacted, including the Smith Act and the McCarran Act, aimed at identifying and controlling supposed subversive activities. These laws allowed for the prosecution of individuals advocating the overthrow of the government, leading to significant cases such as the convictions of communists in New York and the infamous trial of Julius and Ethel Rosenberg, who were executed for espionage.
The Supreme Court played a crucial role in determining the legal boundaries of these actions, balancing the government's interest in security with the rights of individuals. Notably, in cases like Beilan v. Board of Public Education, the Court upheld laws that permitted dismissals of employees connected to subversive organizations. Over time, public sentiment and legal interpretations evolved, leading to amendments of the McCarran Act and the eventual disbandment of the Subversive Activities Control Board. This historical context highlights ongoing debates about freedom of expression, governmental authority, and the protection of civil liberties in the face of perceived threats.
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Subversion and the Supreme Court
Description: A deliberate, underhanded effort to sabotage, undermine, overthrow, or destroy an existing, duly constituted government by unlawful means.
Significance: After World War II, feelings ran high over possible communist subversion in the United States. In a series of rulings, the Supreme Court distinguished between acts or words promoting actual subversion and the teaching of antigovernment beliefs.
As the Cold War era crystallized after World War II, many U.S. citizens feared that communist spies were undermining the U.S. government and treacherously misdirecting foreign policy. The attorney general drew up a list of ninety supposedly subversive organizations, none of which was given the right to prove its innocence. A Loyalty Review Board investigated more than three million federal employees, some three thousand of whom either resigned or were dismissed, none under formal indictment. Many Americans saw the situation as a question of how much freedom a democratic society such as the United States should permit to individuals and groups who express their desire to establish communist or socialist governments in place of the current U.S. government. The guidelines would eventually have to be established by the Supreme Court.
In 1949, eleven communists were brought before a New York jury for violating the Smith Act of 1940. The defendants were convicted of advocating the overthrow of the U.S. government by force and were sent to prison. In 1950, after being pursued by so-called “red-catcher” Richard M. Nixon, Alger Hiss was convicted of being a communist agent and sentenced to five years in prison. That same year, in an attempt to address the alleged communist threat, Congress passed the McCarran Act, which created the Subversive Activities Control Board to identify subversive groups. The board could order an organization that it found to be communist to register with the Justice Department and submit information concerning its membership, activities, and finances. In addition, the act arranged for the emergency arrest and detention of any person suspected of any subversive activities.
Although President Harry S Truman vetoed the McCarran Act on the grounds that it violated the Bill of Rights, his veto was overridden by an 89 percent majority vote. In 1951, Julius Rosenberg and Ethel Rosenberg were convicted of leaking U.S. atomic bomb secrets to the Soviet Union. After long appeals, in 1953, the Court rendered its decision in Rosenberg v. United States, which sent the couple to the electric chair. They were the only people in U.S. history who were executed during peacetime for espionage. In Beilan v. Board of Public Education (1958), the Court upheld a law allowing the school board to dismiss employees who could not prove that they were unaware of the subversive nature of organizations of which they were members. The McCarran Act was amended by Congress to eliminate the registration requirements in 1968, and the board was abolished in 1973.
Bibliography
“Handout E: Internal Security Bill of 1950, also called the McCarran Act (Excerpts).” Bill of Rights Institute, 2023, billofrightsinstitute.org/activities/handout-e-internal-security-bill-of-1950-also-called-the-mccarran-act. Accessed 6 Apr. 2023.
SubversionEncyclopedia of the U.S. Supreme CourtThomas T.LewisRichard L.Wilson2001Salem Press