Patriot Act, McCarthyism, and the Second Red Scare: Civil Liberties, Immigration, and National Security
Patriot Act and post-9/11 National Security Powers
Context: Hours after the 9/11 attacks, the U.S. redefined what it means to be a patriot; the administration launched actions that would define a long era of national security measures.
Afghanistan and the longest war: President George W. Bush began bombing Afghanistan within weeks; described as America’s longest war.
USA Patriot Act passage: In the same month, Congress passed the USA Patriot Act of 02/2001; it expanded government surveillance powers. Contrast: only one senator voted against it.
Senator Russ Feingold’s warning (02/2001):
Quote: "We will lose that war without firing a shot if we sacrifice the liberties of the American people."
Reflections twenty years later on the erosion of civil liberties in the name of security.
Two provisions that stood out in the Patriot Act:
ext{Section } 215: Allowed the government to compel businesses to hand over records if they were relevant to international terror investigations.
ext{Section } 505: Expanded National Security Letters (NSLs), enabling agencies to demand customers’ phone and financial records without notification.
Political pressures and mindset:
The public demanded action to protect security; the White House framed measures as necessary, and many politicians avoided appearing soft on terror.
Senator Tom Daschle (Democratic Senate Majority Leader) faced internal pressures in the homeland security era; broadly, there was bipartisan support for aggressive counterterrorism.
Evolution of the Patriot Act in subsequent years:
By 2004, the Act had become a political dynamic that transcended specific votes.
Public awareness grew about how federal authorities accessed private information (librarians as a notable example).
Librarians and privacy concerns:
Librarians nationwide highlighted that §215 allowed government access to library records, medical records, and business records under secret court orders.
Four librarians from Connecticut sued the government over the National Security Letters gag rule.
Other surveillance and legality issues:
NSA wiretapping and surveillance raised concerns among some senators who initially voted for the measures.
The Obama administration expanded data collection for counterterrorism, arguing it was legal under §215; a federal agency in 2014 found no instances where §215 stopped a terrorist plot.
Post-Patriot Act reforms:
The 2015 USA Freedom Act banned bulk collection of phone records, signaling a rollback of some broad surveillance powers.
Despite the reforms, surveillance tools persist: the government still issues NSLs (e.g., almost 9{,}700 NSLs in the most recent year referenced).
Ongoing tension between security and civil liberties:
The presenter emphasizes that crises are often used to justify emergency measures that infringe on domestic freedoms, and such moves are frequently politicized in hindsight.
Recurring theme: while security efforts have contributed to counterterrorism globally, they have not demonstrably prevented all attacks, and they have often eroded civil liberties.
The Second Red Scare and Immigration Policy in the Early Cold War
Concept: The postwar period saw a sustained campaign to root out communist influence at home, framed as necessary for national security, but with severe implications for civil liberties and immigrant communities.
Historical frame: The Second Red Scare follows the First Red Scare (1917–1920). The early Cold War period saw intensified anticommunist hysteria, with civil liberties sacrificed in the name of security.
Core institutions and figures:
House Un-American Activities Committee (HUAC) established in 1938; prominent role in investigations of suspected communists.
FBI Director J. Edgar Hoover partnered with HUAC; the FBI expanded its surveillance and intelligence operations.
Hoover’s role and philosophy:
Hoover framed communists as a threat to American society and politics and argued that the committee publicly reveals the diabolical machinations of sinister figures engaged in un-American activities.
The FBI’s growth after WWII allowed it to widen intelligence efforts to top-secret investigations and to apply these tactics across universities, private companies, and public life.
VENONA and early intelligence work:
Project VENONA (1947) decrypted Soviet messages; identified spies including some in the federal government.
Hoover’s bureau provided information that supported prosecutions of Communist Party leaders and Soviet informants.
Mass interviews and surveillance:
In 1947, President Truman authorized the FBI to interview all federal employees (~2{,}000{,}000 people).
VENONA and other surveillance fed criminal investigations and prosecutions of suspected subversives.
J. Edgar Hoover’s public briefing to the Cabinet:
Hoover argued that communists were mobilizing in civil rights issues, including interventions in Mississippi, anti-lynching legislation, and other aspects of desegregation; framing civil rights as part of anticommunist strategy.
McCarthyism and the Senate’s response:
Senator Joseph McCarthy (WI) becomes the most infamous figure of the second Red Scare; not the only actor, but a central symbol of the era.
McCarthy’s rise (1950): claimed enormous communist infiltration within the State Department.
Eisenhower’s response: did not disown McCarthy but campaigned with him in some contexts; nonetheless, took steps to curb his combative tactics.
McCarthy’s investigations and hearings (1953–1954): chaired the Committee on Government Operations and its Subcommittee on Investigations; targeted the State Department and other agencies; TV coverage amplified the atmosphere of fear.
Media’s role in McCarthyism:
Television became a powerful tool; by the mid-1950s, over half of U.S. families had a TV, making McCarthy’s hearings highly influential in shaping public opinion.
Edward R. Murrow’s See It Now and other programs provided critical counter-narratives to McCarthyism; Murrow’s March 1954 broadcast challenged McCarthy’s tactics.
The Army–McCarthy hearings (1954):
McCarthy attacked the Army; the hearings were widely seen as damaging to McCarthy’s credibility.
Public support for McCarthy collapsed; polling declined as the hearings exposed the lack of evidence behind many accusations.
Censure and fall from power:
In 1954, the Senate censured McCarthy (vote: 67 to 22) for misconduct and uncivil behavior; this marked a turning point in the decline of McCarthyism.
McCarthy lost his chairmanship in 1955 when Democrats regained control of the Senate; he faded from influence and died in 1957 at age 48, amid alcohol-related illness.
Everyday people and the cost of anti-communist politics:
Loyalist tests, investigations, and boycotts affected thousands of Americans beyond high-profile figures.
Large-scale firings and surveillance led to economic and reputational damage; example: 3{,}800 dock workers fired from U.S. Coast Guard shipyards due to perceived security risks, with evidence hidden from workers (the basis for dismissal kept confidential).
Deportations and loyalty investigations targeted labor organizers and civil rights activists; many were prosecuted on the basis of old or tenuous affiliations with communist groups.
Immigration policy as a tool of anticommunism:
The Smith Act (1940) criminalized support for overthrowing the U.S. government and required many noncitizens to register with INS.
The McCarran–Walter Act (Internal Security Act) of 1950 required communist organizations to register with the government and barred members from citizenship; Truman vetoed the act, but it passed over his veto.
The Immigration and Nationality Act of 1952 further restricted due process protections for immigrants detained by INS, enabling broader deportation powers.
Effects on Mexican Americans and Puerto Ricans:
Mexican American activists faced a barrage of surveillance and deportations; ANMA (Asociación Nacional de Mexicanos Americanos) (founded in 1949 by radical unionists) linked to international solidarity but targeted for alleged communist ties; ANMA ceased to exist by 1954.
FBI and private sector surveillance targeted left-leaning groups within Mexican American communities; the FBI warned that Mexican nationals could be centers of Soviet activity; deportation campaigns mirrored fears of subversion.
Operation Wetback (early 1950s): a mass deportation program from 1951 to 1954 that deported over 3{,}000{,}000 people and questioned about 36{,}000{,}000 more during this period; people were stopped and questioned based on appearance; many faced deportations or persistent stigma.
Puerto Rican experience and anti-communism:
Puerto Rico’s status and mobilization: Jones Act of 1917 granted birthright citizenship and mobility; but governance remained under a U.S. territorial framework.
In 1952, Puerto Rico’s status was changed to a nonstate commonwealth with its own constitution and elected government; the UN removed Puerto Rico from its list of non-self-governing territories in a later process.
Surveillance and repression extended to Puerto Ricans both on the island and mainland United States; the FBI and local police conducted sweeping investigations of nationalist and communist groups, including the use of informants and mass interrogations.
The 1954 Capitol Hill shooting: four Puerto Rican nationalist activists opened fire from the House viewing gallery, wounding five congressmen; this event triggered a widespread crackdown on Puerto Rican nationalist circles, with arrests across New York, Chicago, and the island of Puerto Rico (e.g., 91 arrests in New York, 20 in Chicago, 40 on the island).
In the aftermath, proposals for screening Puerto Rican migrants surfaced (e.g., Edith Norse Rogers’s suggestion), but faced strong resistance; Francis Walter and other immigration restrictionists blocked such plans.
The Goodman reading and the immigrant-rights context:
Goodman’s central argument (from page 59 in the Goodman article): there was a persistent tension in mid-century immigration policy between unqualified anticommunism in the name of national security and the defense of human rights and liberal values (freedom of speech, family unity).
Immigration policy was not separate from anticommunism; it was mobilized in service of anti-communist goals.
Linkages to the broader civil rights movement:
The second Red Scare intensified repression against left-leaning civil rights organizations and immigrant groups, affecting how Black and Latino communities pursued rights.
The period helped explain why Black and Latino civil rights strategies diverged later in the 1950s and 1960s (more electoral and moderated leadership within some communities due to earlier repression).
Specific legal precedents and court reversals in the late 1950s–early 1960s:
Bailey v. Richardson (1950): civil servant fired on suspicion of Communist ties; court upheld the government’s right to fire without evidence or disclosure of informants.
Dennis v. United States (1951): criminalized participation in the Communist Party; allowed broad restrictions on civil liberties in the name of security.
Gastellum Quinones v. Kennedy (1953, decided 1957): Mexican national deportation case; the Supreme Court reversed the deportation order, emphasizing that deportation is a drastic sanction requiring evidence of meaningful association with the Communist Party.
Rowold v. Perfetto (late 1950s): emphasized meaningful association rather than mere suspicion for deportation or punishment.
Warren Court (late 1950s–early 1960s): curbed some deportation and loyalty measures, clarifying due process protections for both citizens and non-citizens; helped curb broad executive overreach in immigration enforcement.
Summary takeaway:
The late 1940s–1950s period was defined by widespread civil liberties violations, mass surveillance, and political repression justified by anti-communist concerns.
The repression hit immigrants and minority communities particularly hard, with deportations and loyalty probes reshaping political life and leadership.
Over time, court decisions began to roll back some of these powers, but the era left lasting impacts on civil rights strategies and immigrant rights discourse.
Connections to the present: the lecture frames the ongoing tension between national security and civil liberties, the role of public opinion in shaping policy, and the enduring question of how to balance security needs with constitutional rights.
Key Figures, Institutions, and Legal Landmarks Mentioned
Institutions and actors:
HUAC (House Un-American Activities Committee), created in 1938.
FBI (J. Edgar Hoover) and its postwar expansion in size and power.
NSA and national surveillance apparatus; NSA wiretapping highlighted in the Patriot Act discussion.
U.S. Congress and presidential administrations from Truman to Obama, involved in shaping this security/import policies.
Major legal cases and acts (with years):
Smith Act (1940): criminalized advocacy for the overthrow of the U.S. government; required registrations for many noncitizens.
McCarran–Walter Act (Internal Security Act) of 1950: required communist organizations to register; barred members from citizenship; passed over Truman’s veto.
Immigration and Nationality Act (INA) of 1952: curtailed due process protections for immigrants detained by INS; expanded deportation power.
Bailey v. Richardson (1950): civil servant fired on suspicions of Communist ties; Court upheld government’s action.
Dennis v. United States (1951): criminalized membership in the Communist Party; allowed suppression of political activity under anti-subversive rationale.
Gastelum Quinones v. Kennedy (1953; decided 1957): deportation order reversed; required evidence of meaningful association with the Communist Party; clarified that deportation is a drastic sanction.
Rowold v. Perfetto (1950s): related to membership-based deportation and proof requirements; reinforced need for meaningful association.
Notable individuals:
J. Edgar Hoover (FBI Director): instrumental in early Cold War surveillance and anti-communist strategies; provided information to Congress; framed public discourse on communism.
Edward R. Murrow: journalist who helped counter McCarthyism through See It Now broadcasts; his critique is cited as a turning point in public opinion.
Senator Joseph McCarthy (R-WI): central figure of the Second Red Scare; led hearings, accused many of Communist infiltration; censured in 1954.
Dwight D. Eisenhower: President who, despite political disagreements with McCarthy, did not sever ties completely; used McCarthy to some extent in Wisconsin but ultimately helped discredit him.
Senator Russ Feingold: referenced for his warning about sacrificing civil liberties post-9/11 (02/2001).
Edith Norse Rogers (Representative): proposed screening Puerto Rican migrants after the Capitol Hill shooting; faced opposition from Francis Walter and others.
The Goodman article (immigration and anti-communism): argues that mid-century immigration policy was deeply entangled with anti-communist aims and civil liberties concerns; emphasizes the tension between security and human rights.
Connections to Civil Liberties, Ethics, and Real-World Relevance
Ethics and legality:
The tension between national security and civil liberties is a recurring theme; emergency measures during crises can lead to long-lasting erosions of privacy and due process.
The use of anti-communist rhetoric to justify surveillance, deportations, and political suppression raises questions about the moral limits of state power.
Policy and reform implications:
The evolution from the Patriot Act to the Freedom Act reflects a pendulum swing between expansive surveillance powers and attempts to constrain them; debates continue around the balance of privacy and security.
Social and political impact:
Immigrant and minority communities experienced disproportionate targeting and repression, reshaping political participation and community leadership paths.
The repression of civic and labor movements contributed to a moderation of certain civil rights strategies and shifted some activism into electoral politics rather than mass mobilization.
Real-world relevance:
The Cold War era shows how foreign policy concerns can reshape domestic policy and civil rights, a pattern echoed in later debates about national security and privacy in the 21st century.
Narrative form and historiography:
Goodman’s piece is discussed as a narrative-driven historical account that uses stories and case studies to illustrate larger structural dynamics; it highlights how immigration policy and anti-communist rhetoric operated together to shape policy and rights.
Quick recap of key numerical references (for quick review)
02/2001: Patriot Act signed into law; only one senator voted against it.
02/2004: Kerry becomes Democratic presidential nominee; Patriot Act remains politically central.
2014: Federal agency found no instance where ext{Section } 215 stopped a terrorist plot.
2015: USA Freedom Act passed, banning bulk collection of phone records; Patriot Act’s bulk collection powers curtailed.
9\%: share of American households with a TV in 1950; later, by the mid-1950s, over half had a TV, illustrating the rise of television as a political medium.
2{,}000{,}000: federal employees interviewed by the FBI in 1947.
3{,}800: dock workers fired in the anti-communist purge era.
3{,}000{,}000: people deported under Operation Wetback (1951-1954).
36{,}000{,}000: people questioned under the Wetback era; numbers reflect the scope of identity checks during that period.
1950, 1953-1954, 1957, 1952, 1954, 1955, 1957: key years for major cases, acts, and political events (Bailey v. Richardson; Dennis; Gastelum Quinones v. Kennedy; McCarran–Walter Act; INA 1952; Army–McCarthy hearings; McCarthy censure; Warren Court decisions).