Abstract
A great deal of scholarship documents the history of antiradical repression in the United States. But this literature remains incomplete, particularly regarding the role of state laws and state authorities in undermining campaigns for radical industrial unionism in the first half of the Twentieth Century. This essay addresses this issue, describing how state-level sedition laws were used against the Industrial Workers of the World and communist unions, while also highlighting how progressive politicians and jurists joined with the capitalist sponsors of these laws and their conservative allies in government in promoting these efforts. While it avoids suggesting that such prosecutions were the only, or even primary, reasons for the demise of radical industrial unionism, this essay argues that the history of these laws must feature prominently in any attempt to understand this movement’s tragic fate and to comprehend the role of the state in labor history.
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References
Annual Reports of the ACLU (1931) Volume 1, 1920–1930 (1931). New York: Arno.
Annual Reports of the ACLU (1941) Volume 2, 1931–1941 (1941). New York: Arno.
Arthur, A. (2007). Radical innocent: Upton Sinclair. New York: Random House.
Brandenburg v. Ohio (1969) 395 U.S. 444, 454.
Bubka, T. (1970). The Harlan County coal strike of 1931. Labor History, 11, 41.
CDDC Bulletin (1923). Aug. 11, 1923, in box 4, IWW Seattle joint branches Collection, University of Washington Special Collections.e
Chester, E. T. (2014). The Wobblies in their heyday. Santa Barbara: Praeger.
Dowell, E.F. (1936). A history of the enactment of criminal syndicalism legislation in the United States. PhD Dissertation, Johns Hopkins University, Baltimore.
Dowell, E. F. (1939). A history of criminal syndicalism legislation in the United States. Baltimore: Johns Hopkins University Press.
Dubofsky, M. (1969). We shall be all: A history of the industrial Workers of the World. Urbana: University of Illinois Press.
Four Wobblies guilty (1923). Los Angeles Times, May 12, 1923, p.15.
Gambs, J. S. (1966). The decline of the I.W.W. New York: Russell and Russell.
Goodman, I. (n.d.). They were called reds. Unpublished manuscript, Irvin Goodman Papers, Oregon Historical Society.
Gunns, A. F. (1983). Civil liberties in crisis: The Pacific northwest, 1917–1920. New York: Garland Press.
Henderson, R.W. (1922). Constructive conspiracy and the membership clause of the California syndicalist act.
Hevener, J. W. (1978). Which side are you on? The Harlan County coal miners, 1931–1939. Urbana: University of Illinois Press.
Kinsley, P. (1923). Evidence ends in Foster trial; arguments await, Chicago Daily Tribune, Mar. 31, p.3.
Kohn, S. M. (1994). American political prisoners: Prosecutions under the espionage and sedition acts. Westport: Praeger.
Lennon, M.A. (2002). Creating coalitions: “Outside agitators” and the Harlan County coal strike, 1931–1932, PhD Dissertation, Harvard University.
Letter from Charlotte Whitney to Roger Baldwin (1922). Volume 213, p.157, ACLU Papers.
Muselin, P. (1990). The steel fist in a Pennsylvania company town, in Shultz. B., and Shultz, R., eds., It did happen here: recollections of political repression in America. Oakland: University of California Press, 65.
Oakland I.W.W. spurns judge’s offer to pardon. (1921). Industrial Solidarity. Dec., 31(1921), 5.
Papke, D. (1994). Eugene Debs as legal heretic, University of Cincinnati Law Review, 63, 339–375.
Preston, W. (1963). Aliens and dissenters: Federal suppression of radicals, 1903–1933. Cambridge: Harvard University Press.
Reds overflow Tacoma’s jail (1920). Los Angeles Times, Jan. 3, 1920, p.I3.
Salvatore, N. (1982). Eugene V. Debs: Citizen and socialist. Urbana: University of Illinois Press.
Schreiber, H. N. (1960). The Wilson administration and civil liberties. Ithaca: Cornell University Press.
Sims, R. C. (1975). Idaho’s criminal syndicalism act: One state’s response to radical labor. Labor History, 15, 511–527.
Slutsky, B. (2010). Parlor pink turned soapbox red: The trial of Charlotte Anita Whitney. American Communist History, 9, 35–59.
Solidarity forever: An oral history of the IWW (1985). Chicago: Lake View Press.
Syndicalism law secures its first victim (1917). Evening Capital News (Boise, ID), Oct. 24, 1917, p.5.
Twenty-seven Los Angeles IWWs convicted; transport workers call protest (1923). Industrial worker, Jul. 18, 1923, p.1.
U.S. Attorney General, Annual Report. (1924). Washington. DC: GPO.
Walker, F. and Munter, P. (1931). The great northwest sees red, Labor Defender, (May) 94.
Warren, E. (1977). The memoirs of earl Warren. New York: Doubleday & Company.
Whitten, W. W. (1969). Criminal syndicalism and the law in California: 1919-1927. Transactions of the American Philosophical Society, 59, 3–73.
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White, A. The Crime of Radical Industrial Unionism. Employ Respons Rights J 31, 225–237 (2019). https://doi.org/10.1007/s10672-019-09340-z
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DOI: https://doi.org/10.1007/s10672-019-09340-z