Internal Security Act of 1950

The Internal Security Act was passed in 1950 during the height of anti-Communist hysteria in the United States. The act was aimed at furthering a conservative anti-Communist agenda that sought to eliminate Communist influence in American politics and society through coercion. The act is widely regarded by scholars as one of the most egregious attacks on the freedoms of speech and association in American history. Not only was it an attempt to criminalize a particular ideology, but also an assault on private associations that involved no actual criminal activity. The act remained on the topics until 1990, and many of its provisions were reinstated with the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act).
The Internal Security Act made it illegal to pursue a Communist or totalitarian political agenda and required all Communist organizations to register with the U.S. Attorney General. Any organizations that failed to register could be brought before the Subversive Activities Control Board (SACB) and forced to register as Communist. Registered organizations were required to label their publications and broadcasts as originating from a Communist organization. Furthermore, members of registered organizations were denied employment in the government or in private firms with federal defense contracts and were prohibited from applying for or using passports.
The act also contained a number of provisions dealing with immigration and naturalization. Aliens who were at any time members of or affiliated with a Communist or totalitarian party were denied entry to the United States. Those already in the United States could be deported without a hearing. Naturalized citizens could have their citizenship revoked if they joined a registered Communist organization within five years of becoming a citizen. Additionally, aliens who were members of newly registered Communist organizations could be denied naturalization unless they were able to prove that they had left the organization within three months of its being registered.
Finally, judicial standards for search and seizure, the use of informants, wiretapping, and other forms of surveillance were relaxed. The act also allowed the president to declare an “internal security emergency,” during which time the Attorney General was empowered to detain anyone who “probably would engage in, or conspire to engage in, acts of espionage or sabotage.” There were provisions for administrative hearings, but not court trials. In this way, Communist organizations remained formally legal, but mechanisms were institutionalized that allowed the indefinite detention of their members without any criminal act being committed and with limited judicial oversight.
Anticipating that the law would lead to a wave of arrests (the Federal Bureau of Investigations (FBI) had compiled a list of 26,000 individuals it considered a threat), Congress earmarked $775,000 to establish six detention camps in Arizona, Florida, Pennsylvania, Oklahoma, and California. However, although several thousand people were arrested during the 1950s, their numbers never reached the expected level. The 1950 version of the act was actually more restrained than the version initially passed in the House in 1948. This initial version held no provisions for judicial oversight, suspended the writ of habeas corpus, and barred the legal rules of evidence. Furthermore, the 1950 version was passed over the veto of President Truman, who believed the law to be a significant move toward totalitarianism. As a result, an internal security emergency was never declared, and so the provisions that required it were never implemented.