United States V. Congress of Industrial Organizations - Background

Background

Philip Murray, president of the Congress of Industrial Organizations (CIO), had established a permanent political action committee (PAC) known as CIO-PAC in 1942. But the CIO's political efforts were only marginally effective, and in 1946 the Republicans won a majority in both houses of Congress.

In 1947, Congress passed the Labor Management Relations Act of 1947, better known as the Taft-Hartley Act. Section 304 of the Taft-Hartley Act amended Section 313 of the Federal Corrupt Practices Act by making it unlawful for any labor organization to make a contribution or expenditure in connection with any election in which presidential and vice presidential electors or a member of Congress are to be voted for, or in connection with any primary election, political convention or caucus to select candidates for these offices.

President Harry S Truman vetoed the Act, but Congress overrode the veto on June 23, 1947.

On July 14, 1947, the CIO published its regular edition of "The CIO News," the labor federation's magazine. On the front page was a statement by Murray urging members of the CIO in Maryland to vote for Judge Ed Garmatz, a candidate for Congress in a special election to be held July 15, 1947. Murray's statement also said that this message was being published because Murray and the CIO believed that amended Section 313 unconstitutionally infringed on the rights of free speech, press and assembly guaranteed by the First Amendment to the United States Constitution.

In January 1948, Murray and the CIO were indicted in the United States District Court for the District of Columbia. The defendants moved to dismiss the charges on constitutional grounds. On March 15, 1948, the district court agreed (77 F. Supp. 355) and dismissed the indictment. The government appealed to the Supreme Court, which accepted certiorari.

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