Individual Liberties

Goal:

Oppose major threats to basic constitutional rights

(LWVUS) (1947)

The League opposes:

* Negative oaths

* Required publication by candidates of past Communist affiliation

* Penalization of schools and colleges for retaining personnel suspected of being subversive

League action

Opposition to negative oaths

The League believes that present statutes (Smith Act, 1940, and the Massachusetts Anti-Anarchy Act of 1929 with its 1948 amendment) protect the state from destruction through subversive activity. Additional legislation would be detrimental to the vigorous expression of opinions necessary to a healthy democracy.

LWVM opposes legislation that makes certain groups or individuals vulnerable by singling them out for special loyalty oaths. Special negative oaths imply disloyalty and subversion and are an unnecessary duplication of the public servant customary oath to support the constitution and law.

Opposition to publication of past Communist affiliation

Massachusetts law prohibits a Communist from holding office. A Communist candidate who conceals such an affiliation is liable to prosecution if elected. The law serves no realistic purpose. Even people who have never been active Communists run a risk of campaign innuendo or witch hunt because of former friendships or associations.

Opposition to penalization of schools and colleges

The League opposes any attempt to force schools or college governing bodies to dismiss personnel on suspicion of subversion or to undertake investigations, which should be the duty of the police or courts.

Background

Although the situation in this decade is different from that in 1947 when constitutional rights were put on the League program, the League hesitates to drop this position and remains ready to take action if people’s liberties in this area are threatened. No bills requiring LWVM action in this area have been filed since 1961.

• 1970: A task force on individual liberties established by LWVUS at convention recommended that the LWVUS Education Fund sponsor educational programs to alert the public about the erosion of certain constitutional rights.

• 1974: LWVUS convention incorporated into League program action to protect individual liberties established under the constitution.