In 1973, a federal district court in Arizona decided that the act was unconstitutional, and Arizona could not keep the party off the ballot in the 1972 general election (Blawis v. Bolin). In 1961, the Supreme Court of the United States ruled that the act did not bar the party from participating in New York’s unemployment insurance system (Communist Party v. Catherwood).
So yes, the law passed during the the McCarthy era … and was afterwards declared unconstitutional.
Ah, fair, didn’t see that it got repealed. My original point was more to state that the legal system works against Communism, America is a thoroughly anti-Communist project both within and without.
No but seriously it’s an unenforceable junk law that no one has bothered to take the time to repeal that was never even really used in the first place. I mean, the communist party runs candidates for office to this day. Someone finally tried to use it in 1972 to keep a communist candidate off the ballot and a federal district Court promptly ruled it unconstitutional.
Ah, fair, didn’t see that it got repealed. My original point was more to state that the legal system works against Communism, America is a thoroughly anti-Communist project both within and without.
RustyShackleford@programming.dev 2 months ago
No, it’s not.
Cowbee@lemmy.ml 2 months ago
Yes, it is.
oatscoop@midwest.social 2 months ago
If you had actually read the Wikipedia article:
So yes, the law passed during the the McCarthy era … and was afterwards declared unconstitutional.
Cowbee@lemmy.ml 2 months ago
Ah, fair, didn’t see that it got repealed. My original point was more to state that the legal system works against Communism, America is a thoroughly anti-Communist project both within and without.
Ranvier@sopuli.xyz 2 months ago
Someone better tell these people they all could be arrested at any moment!
www.cpusa.org
en.m.wikipedia.org/wiki/Communist_Party_USA
No but seriously it’s an unenforceable junk law that no one has bothered to take the time to repeal that was never even really used in the first place. I mean, the communist party runs candidates for office to this day. Someone finally tried to use it in 1972 to keep a communist candidate off the ballot and a federal district Court promptly ruled it unconstitutional.
www.plainsite.org/dockets/…/blawis-v-bolin/
Cowbee@lemmy.ml 2 months ago
Ah, fair, didn’t see that it got repealed. My original point was more to state that the legal system works against Communism, America is a thoroughly anti-Communist project both within and without.
force@lemmy.world 2 months ago
“Communist Party” and “Communism” are not equivalent concepts
Cowbee@lemmy.ml 2 months ago
Who makes that distinction? Plus, the idea of destroying the state, Capitalism, class divides, and money definitely is legally opposed.
melpomenesclevage@lemm.ee 2 months ago
Not formally. Talk to a cop while wearing a red bandana and clothing with a red star or hammer and sickle on it.
(Please don’t ban me for suggesting suicide, I don’t actually want them to do this)
Arcity@feddit.nl 2 months ago
That isn’t communist, that is larping as a neo-soviet
melpomenesclevage@lemm.ee 2 months ago
A cop can’t tell the difference tho.
melpomenesclevage@lemm.ee 2 months ago
Its literally illegal to be an anarchist if youre an immigrant, even a citizen.
Arcity@feddit.nl 2 months ago
No shit, to be an anarchist is to go against hierarchies like the police state.
AVincentInSpace@pawb.social 2 months ago
source?
melpomenesclevage@lemm.ee 2 months ago
I have literally never convinced someone of something by citing sources, and its a pain on mobile. Convince me or search it yourself.