Shouldn’t We Be Using The Communist Control Act?


The Communist Control Act (68 Stat. 775, 50 U.S.C. 841-844) is a piece of United States federal legislation, signed into law by President Dwight Eisenhower on 24 August 1954, which outlaws the Communist Party of the United States and criminalizes membership in, or support for the Party or “Communist-action” organizations and defines evidence to be considered by a jury in determining participation in the activities, planning, actions, objectives, or purposes of such organizations.

I’m not sure why in the hell we ever pass laws if we are not willing to enforce them.  Justice Dept should be using this and the Sedition Act to take down Antifa and all the rest of the Communist groups like REVCOM and the Red Guards.
Some state courts ruled that it was unconstitutional in some instances but the US Supreme Court never ruled on it.

  • Introduced in the Senate as S. 3706
  • Passed the Senate on August 12, 1954 (85-0)
  • Passed the House on August 16, 1954 (305-2)
  • Reported by the joint conference committee on August 19, 1954; agreed to by the Senate on August 19, 1954 (79-0) and by the House on August 19, 1954 (266-2)
  • Signed into law by President Dwight Eisenhower on August 24, 1954

This legislation is still intact and isn’t being used because we are just so ignorant of our civil liberties as American citizens. Hardly anyone knows that we have these laws in place.

The Communist Control Act was originally proposed as an amendment to the Internal Security Act of 1950, which had sought to combat the spread of communism in labor unions.[2] Apart from its secondary focus which concentrated on the illegality of “communist front organizations” (i.e. labor unions),[4] the bill was drafted with the intention of tackling the root of the communist problem in America: the Communist Party. In its second section, the CCA of 1954 portrayed the American Communist Party as an “agency of a hostile foreign power.”[2] The Party was described as “an instrumentality of a conspiracy to overthrow the government,” and as a “clear, present, and continuing danger to the security of the United States.”[2] The Act made membership to the Communist Party a criminal act and stipulated that all Party members would be sanctioned with up to a $10,000 fine or imprisonment for five years or both. Additionally, according to the third section, the Communist Party would be deprived of “the rights, privileges, and immunities of a legal body.” [4]

There was much controversy surrounding the Act. The Federal Bureau of Investigation and its Director, the famed J. Edgar Hoover, opposed the bill on the count that it would have forced the Communist movement underground. In addition, the Michigan Law Review argued that the politically charged Act was plagued by a number of constitutional problems which would have undermined its effectiveness. The Yale Law Journal lauded the Act as the “most direct statutory attack on internal communism yet undertaken [by 1955] by Congress,” but stressed the “haste and confusion of the Act’s passage” which led to many “vague and ambiguous provisions.” The incongruity of its provisions, a grave constitutional defect, was in part attributed to obscure language. For example, the nature of the “rights, privileges, and immunities” to be terminated by the Act was never explicitly stated as relating to state or federal jurisdiction. Also, the Yale Law Journal underlined a number of instances during which a literal interpretation of key passages would have caused entire sections to fall because of the use of comprehensive, unspecific language. McAuliffe notes that, because of these complications, the Act was never “used as a major weapon in the legislative arsenal against Communism,” apart for two minor cases in the states of New York and New Jersey.


The first group described as “antifa” was Antifaschistische Aktion, formed in 1932 with the involvement of the Communist Party of GermanyAntifaschistische Aktion’s two-flag logo, as well as the three arrow anti-fascist circle used by the Social Democrats led Iron Front (which was formed in 1931 by Social Democrats), are the most commonly used symbols of contemporary U.S. antifa activists.

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Joe Biggs

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