Cold War Supreme Court: Analysing the Change in Constitutional Interpretation between Dennis v. U.S. (1951) and Yates v. U.S. (1957)

<p>During the early Cold War, America was gripped by an intense domestic Red Scare. This thesis explores how the United States Supreme Court dealt with the Alien Registration Act (Smith Act) and the issue of freedom of speech in the context of that Red Scare. In particular, this thesis focuses on the change in interpretation which occurred between the 1951 decision in Dennis v. United States, and the 1957 decision in Yates v United States. Dennis upheld the constitutionality of the Smith Act, and upheld the convictions of eleven Communist Party of the United States of America (CPUSA) leaders. Yates overturned the convictions of a group of California CPUSA officials, and placed strict limitations on the use of the Smith Act in a drastic change in interpretation. This thesis aims to explore that change in interpretation by drawing on three different lines of reasoning: the impact of changes to the wider Cold War context, the impact of changes to the personnel making up the Supreme Court, and changes in legal strategy on behalf of the defendants in the two cases. To achieve this, the thesis draws on a wide range of sources, beginning with a discussion of existing literature, and moving to explore previously untapped sources from both a historic and a legal perspective. This includes looking at the records of law firms acting in both cases, analysing other Supreme Court opinions from the time, and drawing on more traditional historical sources like media coverage of various events. This thesis argues that, contrary to most existing scholarship, the change in interpretation is best explained by a multi-causal approach. The changes to the court’s makeup and changes to the context amongst which the cases occurred were only part of the reason for the change in interpretation. The impact of a change in legal strategy also played an important role in causing the Supreme Court’s change in interpretation.</p>

Cold War Supreme Court: Analysing the Change in Constitutional Interpretation between Dennis v. U.S. (1951) and Yates v. U.S. (1957)

<p>During the early Cold War, America was gripped by an intense domestic Red Scare. This thesis explores how the United States Supreme Court dealt with the Alien Registration Act (Smith Act) and the issue of freedom of speech in the context of that Red Scare. In particular, this thesis focuses on the change in interpretation which occurred between the 1951 decision in Dennis v. United States, and the 1957 decision in Yates v United States. Dennis upheld the constitutionality of the Smith Act, and upheld the convictions of eleven Communist Party of the United States of America (CPUSA) leaders. Yates overturned the convictions of a group of California CPUSA officials, and placed strict limitations on the use of the Smith Act in a drastic change in interpretation. This thesis aims to explore that change in interpretation by drawing on three different lines of reasoning: the impact of changes to the wider Cold War context, the impact of changes to the personnel making up the Supreme Court, and changes in legal strategy on behalf of the defendants in the two cases. To achieve this, the thesis draws on a wide range of sources, beginning with a discussion of existing literature, and moving to explore previously untapped sources from both a historic and a legal perspective. This includes looking at the records of law firms acting in both cases, analysing other Supreme Court opinions from the time, and drawing on more traditional historical sources like media coverage of various events. This thesis argues that, contrary to most existing scholarship, the change in interpretation is best explained by a multi-causal approach. The changes to the court’s makeup and changes to the context amongst which the cases occurred were only part of the reason for the change in interpretation. The impact of a change in legal strategy also played an important role in causing the Supreme Court’s change in interpretation.</p>

Sisterhoods

Chapter 3 first traces how Grace built a public career for herself in the SWP, working as Minnesota state organizer and running for US Senate in 1940. The chapter also examines how Grace became one of the eighteen Trotskyists who was convicted of violating the Smith Act in 1941. Of vital importance to Grace’s experiences within the SWP and to her survival at Alderson prison in 1944 was her sisterhood of women comrades, which included her biological sister, Dorothy Schultz. Grace’s rich correspondence during the year she spent in prison reveals not only the connections and concerns shared by her and her women friends but also Grace’s relationship with the mostly poor and very young women incarcerated with her at Alderson. Both these experiences served as the inspiration for the working-class Marxist feminism that Grace came to articulate in her writings for the Militant and in her 1945 “Women in Prison” speaking tour. Grace’s experiences and writings were part of the Left’s answer to the woman question during the 1940s. Her story adds to the history of feminisms on the left during the 1940s and early 1950s, the period between the first and second waves.

The Fierce Life of Grace Holmes Carlson

On December 8, 1941, Grace Holmes Carlson, the only female defendant among eighteen Trotskyists convicted under the Smith Act, was sentenced to sixteen months in federal prison for advocating the violent overthrow of the government. After serving a year in Alderson prison, Carlson resumed organizing for the Socialist Workers Party (SWP) and ran for vice president of the United States under its banner in 1948. Then, in 1952, she abruptly left the SWP and returned to the Catholic Church. With the support of the Sisters of St. Joseph, who had educated her as a child, Carlson began a new life as a professor who now advocated for social justice as a Catholic Marxist. The Fierce Life of Grace Holmes Carlson: Catholic, Socialist, Feminist is a historical biography that examines Carlson’s story in the context of her times. Her experiences illuminate the workings of class identity within the context of various influences over the course of a lifespan. Her story contributes to recent historical scholarship exploring the importance of faith in workers’ lives and politics. And it uncovers both the possibilities and limitations for working-class and revolutionary Marxist women in the period between the first- and second-wave feminist movements. The long arc of Carlson’s life (1906–1992) reveals continuities in her political consciousness that transcended the shifts in her partisan commitments, most notably her lifelong dedication to challenging the root causes of social inequality. In that struggle Carlson proved herself to be a truly fierce woman.

The “Red Monday” Decisions, Jencks, and a Crescendo of Anti-Court Attacks

This chapter discusses the U.S. Supreme Court’s decisions during its October 1956 term. The Court’s level of resistance to repressive McCarthy-era government action reached its zenith in the 1956 term. The Court issued eleven signed decisions in “Communist” cases, and the government lost them all. Four were issued the same day, June 17, 1957, a day critics called “Red Monday.” Two other significant cases were decided in per curiam opinions, again adversely to the government. The decisions, spanning the spectrum of anti-“subversive” actions, seemed to indicate diminished concern by the Court for adverse reaction. Among several decisions relating to Smith Act prosecutions, one, Yates v. United States, not only reversed the convictions of fourteen Community Party of America officials but also made it more difficult for the government to secure future Smith Act conspiracy convictions.

Dennis, the Attorney General’s List, Loyalty Programs, Contempts, and More

This chapter discusses the U.S. Supreme Court’s decisions during its October 1950 term. The flow of “Communist” cases quickened during the term, and the scope of the cases widened greatly. The Court continued to acquiesce in the government’s actions, but not entirely. By far the most important decision of the termwas Dennis v. United States, which reviewed the Smith Act convictions of the American Communist Party’s (CPUSA) top officials. The First Amendment issue in Douds was the validity of a “partial sanction” for CPUSA membership, not a direct penalty. In Dennis, a direct criminal sanction—prison—punished speech and association. The clear-and-present-danger test was held inapplicable in Douds; but in Dennis its application was seemingly mandated, unless the law was to be changed.