| California Criminal Syndicalism Act | |
|---|---|
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| California State Legislature | |
| Signed into law | Yes |
Status: Repealed | |
| California law |
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| Constitution |
| Codes |
| Note: There are 29 California codes. |
| Courts of record |
| Areas |
The California Criminal Syndicalism Act (Stats. 1919, c. 188, p. 281; it was codified at California Penal Code §§ 11400 et seq.)[1] was a law of California in 1919 under Governor William Stephens criminalizing syndicalism. It was enacted on April 30, 1919, and repealed in 1991.[2] The law stated that "any person who was a member of any organization that advocated criminal syndicalism was guilty of a felony and punishable by up to 14 years in the state prison. The law is significant, and controversial, because it made certain beliefs illegal. A person did not have to commit any overt act. Simple advocacy of a certain belief or membership in a group that advocated syndicalism was enough to secure a conviction".[3]
One of the Act's best-known convictions was that of Charlotte Anita Whitney, which led to the Act being upheld by the Supreme Court of the United States in Whitney v. California (1927), which was itself explicitly overturned in Brandenburg v. Ohio (1969), effectively declaring the Act unconstitutional.[4]
The Act must be viewed in the context of the First Red Scare and the turbulent labor history of the United States in the early 20th century.[5] From 1910 to 1920, 20 states enacted laws criminalizing syndicalism.[4]
- ^ Added by California Stats. 1919, c. 188, p. 281. Renumbered by California Stats 1953, c. 32.
- ^ Repealed by California Stats. 1991, c. 186 (A.B. 436).
- ^ McClellan (2011), p. 91.
- ^ a b Green 2009, p. 85.
- ^ Whitten 1969, p. 4.