McCarthyism - Decline

Decline

In the mid- and late 1950s, the attitudes and institutions of McCarthyism slowly weakened. Changing public sentiments had a lot to do with this; the decline of McCarthyism may also be charted through a series of court decisions.

A key figure in the end of the blacklisting of McCarthyism was John Henry Faulk. Host of an afternoon comedy radio show, Faulk was a leftist active in his union, the American Federation of Television and Radio Artists. He was scrutinized by AWARE, Inc., one of the private firms that examined individuals for signs of communist "disloyalty". Marked by AWARE as unfit, he was fired by CBS Radio. Almost uniquely among the many victims of blacklisting, Faulk decided to sue AWARE in 1957 and finally won the case in 1962. With this court decision, the private blacklisters and those who used them were put on notice that they were legally liable for the professional and financial damage they caused. Although some informal blacklisting continued, the private "loyalty checking" agencies were soon a thing of the past. Even before the Faulk verdict, many in Hollywood had decided it was time to break the blacklist. In 1960, Dalton Trumbo, one of the best known members of the Hollywood Ten, was publicly credited with writing the films Exodus and Spartacus.

Much of the undoing of McCarthyism came at the hands of the Supreme Court. As Richard Rovere wrote in his biography of Joseph McCarthy, "he United States Supreme Court took judicial notice of the rents McCarthy was making in the fabric of liberty and thereupon wrote a series of decisions that have made the fabric stronger than before." Two Eisenhower appointees to the court—Earl Warren (who was made Chief Justice) and William J. Brennan, Jr.—proved to be more liberal than Eisenhower had anticipated, and he would later refer to the appointment of Warren as his "biggest mistake".

In 1956, the Supreme Court heard the case of Slochower v. Board of Education. Slochower was a professor at Brooklyn College who had been fired by New York City for invoking the Fifth Amendment when McCarthy's committee questioned him about his past membership in the Communist Party. The court prohibited such actions, ruling "...we must condemn the practice of imputing a sinister meaning to the exercise of a person's constitutional right under the Fifth Amendment. The privilege against self-incrimination would be reduced to a hollow mockery if its exercise could be taken as equivalent either to a confession of guilt or a conclusive presumption of perjury."

Another key decision was in the 1957 case Yates v. United States, in which the convictions of fourteen Communists were reversed. In Justice Black's opinion, he wrote of the original "Smith Act" trials: "The testimony of witnesses is comparatively insignificant. Guilt or innocence may turn on what Marx or Engels or someone else wrote or advocated as much as a hundred years or more ago. When the propriety of obnoxious or unfamiliar view about government is in reality made the crucial issue, prejudice makes conviction inevitable except in the rarest circumstances."

Also in 1957, the Supreme Court ruled on the case of Watkins v. United States, curtailing the power of HUAC to punish uncooperative witnesses by finding them in contempt of Congress. Justice Warren wrote in the decision: "The mere summoning of a witness and compelling him to testify, against his will, about his beliefs, expressions or associations is a measure of governmental interference. And when those forced revelations concern matters that are unorthodox, unpopular, or even hateful to the general public, the reaction in the life of the witness may be disastrous."

In its 1958 decision in Kent v. Dulles, the Supreme Court halted the State Department from using the authority of its own regulations to refuse or revoke passports based on an applicant's communist beliefs or associations.