An evenhanded revisiting of the trial of the U.S. Communist Party leaders that tested the pernicious efficacy of the Smith Act.
Journalist Martelle (Blood Passion: The Ludlow Massacre and Class War in the American West, 2007) focuses on Dennis v. the United States of America, which had dramatic and disturbing ramifications to First Amendment rights to this day—e.g., the Patriot Act, which the author mentions but does not dwell on. In August 1945, Soviet spy turned FBI informer Elizabeth Bentley spilled incriminating evidence about leaders of the U.S. Communist Party, and the two-count indictment was handed down, charging 12 men with violating the Smith Act because they “unlawfully, willfully, and knowingly did conspire with each other” by their society and meetings to “teach and advocate the overthrow and destruction of the Government of the United States by force and violence.” Among the men were New York City Councilman Benjamin Davis, Jr., Daily Worker editor John Gates, decorated war hero Robert Thompson, top party leader William Z. Foster and general secretary Eugene Dennis. The nine-month Foley Square trial became a cause célèbre, not only for the anti-Communist crusaders, including Harry Truman, who was up for reelection, but for defenders of the First Amendment and radical activists who believed fiercely that the men were innocent and being framed for their beliefs. Their defense should have been an opportunity to defend their political views and present an education in Marxism and Leninism, as Dennis did vociferously during the trial, representing himself. Instead, Judge Harold R. Medina threw the book at them, and at their attorneys, who received jail time and disbarment. Not until the Warren Court of the ’50s did the “roundups” cease.
Martelle treads carefully through the evidence, keeping a close harness on his own sympathies for the defendants.