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>

The 1950s and 1960s

Chapter 2 explores the early gay rights movement in the 1950s and 1960s during the Red Scare, which was also the period of greatest repression of gay people in U.S. history. The struggles of the tiny homophile movements such as the Daughters of Bilitis and the Mattachine Society are described. U.S. popular culture was relentlessly hostile to homosexuality during this period. Hollywood had an official code requiring that gay characters be shown only in a negative light. At the same time, the American Law Institute published a model penal code that recommended the decriminalization of sodomy.

Conspiracy Theorists and Con Men

This chapter discusses the 1930s through the 1960s, an anomalous period of American history in which the people’s confidence in major national institutions was at its peak. Most people trusted government health regulators, the medical establishment, and pharmaceutical companies to do the right thing. Consequently, medical freedom of choice activism occurred mainly on society’s margins, voiced by peddlers of fraudulent products and right-wing cranks. The most persistent and cantankerous promoter of medical freedom during this period was the National Health Federation (NHF), the publisher of “Health Freedom News.” This organization, founded by manufacturers of dietary supplements and quack medical devices, resisted FDA regulation of alternative treatments, as well as the fluoridation of municipal water supplies. Although the NHF sometimes exemplified paranoid, Red-Scare politics, it also employed more conventional libertarian arguments of the sort that infused medical freedom rhetoric in other periods of American history.