Legislation
In 1919 Kansas enacted a law titled "An act relating to the flag, standard or banner of Bolshevism, anarchy or radical socialism" in an attempt to punish the display of the most common symbol of radicalism, the red flag. Only Massachusetts (1913) and Rhode Island (1914) passed such "red flag laws" earlier. By 1920 they were joined by 24 more states. Some banned certain colors (red or black), or certain expressions ("indicating disloyalty or belief in anarchy" or "antagonistic to the existing government of the United States"), or certain contexts ("to overthrow the government by general strike"), or insignia ("flag or emblem or sign"). The Yale Law Journal mocked the Connecticut law against symbols "calculated to ... incite people to disorder," anticipating its enforcement at the next Harvard-Yale football game. Ohio exempted college pennants and Wisconsin made an exception for historical museums. Minnesota allowed red flags for railroad and highway warnings. Setting patriotic standards, red flag laws regulated the proper display of the American flag: above all other flags, ahead of all other banners in any parade, or flown only in association with state flags or the flags of friendly nations. Punishment generally included fines from $1,000 to $5,000 and prison terms of 5 to 10 years, occasionally more.
At the federal level, the Espionage Act of 1917 and the amendments to it in the Sedition Act of 1918 prohibited interference with the war effort, including many expressions of opinion. With that legislation rendered inoperative by the end of World War I, Attorney General A. Mitchell Palmer, supported by President Wilson, waged a public campaign in favor of a peacetime version of the Sedition Act without success. He sent a circular outlining his rationale to newspaper editors in January 1919, citing the dangerous foreign-language press and radical attempts to create unrest in African American communities. At one point Congress had more than 70 versions of proposed language and amendments for such a bill, but it took no action on the controversial proposal during the campaign year of 1920.
Palmer called for every state to enact its own version of the Sedition Act. Six states had laws of this sort before 1919 usually aimed at sabotage, but another 20 added them in 1919 and 1920. Usually called "anti-syndicalist laws," they varied in their language, but generally made it a crime to "destroy organized government" by one method or another, including "by the general cessation of industry," that is, through a general strike. Many cities had their own versions of these laws, including 20 in the state of Washington alone.
Read more about this topic: First Red Scare
Famous quotes containing the word legislation:
“But the wise know that foolish legislation is a rope of sand, which perishes in the twisting; that the State must follow, and not lead the character and progress of the citizen; the strongest usurper is quickly got rid of; and they only who build on Ideas, build for eternity; and that the form of government which prevails, is the expression of what cultivation exists in the population which permits it.”
—Ralph Waldo Emerson (1803–1882)
“There were two unpleasant surprises [about Washington]. One was the inertia of Congress, the length of time it takes to get a complicated piece of legislation through ... and the other was the irresponsibility of the press.”
—Jimmy Carter (James Earl Carter, Jr.)
“No legislation can suppress nature; all life rushes to reproduction; our procreative faculties are matured early, while passion is strong, and judgment and self-restraint weak. We cannot alter this, but we can alter what is conventional. We can refuse to brand an act of nature as a crime, and to impute to vice what is due to ignorance.”
—Tennessee Claflin (1846–1923)