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Subversives In South Carolina Mostly Safe

sabt-pestnu sends in an update on our story about South Carolina and subversives. "According to Eugene Volokh, the Raw Story article has got it backwards. Westlaw says that the cited statute dates back to 1951, when a lot of anti-Communist statutes were being enacted nationwide. What brought Raw Story's attention to it may be that South Carolina is once again trying to repeal the archaic law. And in any event, a half-century-old case (Yates vs. United States, 354 U.S. 298 (1957)) took most of the teeth out of such laws."

36 of 200 comments (clear)

  1. Doh! by sargeUSMC · · Score: 5, Funny

    How do I withdraw my application?

  2. Kind of confused here by zappepcs · · Score: 4, Insightful

    How is this law, real or not, any different than thousands of other laws on the books in various states that aim to make something illegal by requiring that you register your 'group', business or service?

    Anyone wanting to do something contrary to the morals of the standing legislators is likely to fall foul of one or more laws with the same miasmal qualities. For instance, look at sex laws; they are nothing but attempts to stop 'subversive' elements of local society, or at least make it so you can fine them if they do those 'subversive' things, and generally make them unwelcome in the community.

    I say we should hang those that enact such laws if it were not so hypocritical ....

    1. Re:Kind of confused here by RenderSeven · · Score: 4, Insightful

      Whats far more likely is a brain-dead local authority tries to dust them off and apply them and SCOTUS tosses them out. You and I may not always like the outcome of SCOTUS decisions but they do tend to serve the Framers' intent of keeping legislators and their more ridiculous laws in check.

  3. Now what am I going to do? by Qzukk · · Score: 5, Funny

    What's the point of being subversive if it's not forbidden?

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
    1. Re:Now what am I going to do? by Chris+Burke · · Score: 4, Funny

      Well if it makes you feel better, and you aren't too picky, I forbid you from being subversive.

      --

      The enemies of Democracy are
    2. Re:Now what am I going to do? by Anonymous Coward · · Score: 3, Funny

      Please, Sir, forbid me as well, please.

    3. Re:Now what am I going to do? by R3d+M3rcury · · Score: 4, Funny

      Yes! He'll forbid all of us!

  4. This is not the only example of such by JoshuaZ · · Score: 3, Insightful

    Very often laws on the books stop mattering not because they are repealed by the legislature but because they cease to get enforced or get enforced very rarely. The classic example of this is laws against pornography which still exists in many jurisdictions but by and large don't matter since almost no one is prosecuted. Unfortunately, you then get every few years someone like John Ashcroft in charge who decides that prosecuting porn makers should be a high priority of the federal government and then assigns multiple agents full time to prosecute videos made of consenting adults. So getting rid of obsolete legislation when one can is a good idea since it can't come back and bite you when an extremist manages to get elected or appointed to a relevant position.

    1. Re:This is not the only example of such by fm6 · · Score: 3, Interesting

      Unfortunately, you don't have to wait for a particularly repressive official to get persecuted by such laws. You just have to be somebody with no political clout.

      Classic case: not so long go, most states had laws against "sodomy" — basically, oral or anal sex. Theoretically, this law applied to everybody, but in practice it only got applied to gays. (Well, also rapists, but there it was just used to add counts to the existing charge.) Eventually, most states repealed these laws, but even the liberal Warren court refused to find this hypocrisy unconstitutional. Curiously enough, the remaining anti-sodomy laws were finally thrown out by the hyper-conservative Roberts court. That probably says a lot about the change in attitude towards homosexuality during that time period.

    2. Re:This is not the only example of such by JoshuaZ · · Score: 3, Informative

      Huh? Lawrence v Texas, which threw out the remaining anti-sodomy laws was decided in 2003. Renquist didn't die until 2005. So it wasn't the Roberts court. (I'd argue with the claim that the current court is "hyper-conservative" but that's a separate issue).

  5. I'm not a Commie! Cross My Heart! by fm6 · · Score: 5, Interesting

    Westlaw says that the cited statute dates back to 1951, when a lot of anti-Communist statutes were being enacted nationwide.

    When I went to college in the 70s, I had a number of jobs at the same state U I was attending. All University employees, including me, were required to sign an oath that they were "not a member of the Communist Party or any other organization which advocates the overthrow of the Government by force or violence". Naturally, I had to wonder what kind of namby-pamby insurrectionists Moscow was infiltrating our way, if they were willing to violently overthrow the government, but not lie about their willingness to do so!

    This is not quite a dead issue. Quite recently, a Quaker hired to teach remedial math at Cal State East Bay lost her job after somebody noticed that she'd amended the mandatory oath she'd signed when she was hired. (The oath requires the signer to "support and defend" the California and U.S,. constitutions; not wanting to violate her religious principles, she'd inserted the word "nonviolently".) She was eventually rehired after the usual legal squabble, which ended with the state AG ruling that the unamended oath did not obligated the signer to do military service!

    1. Re:I'm not a Commie! Cross My Heart! by Chris+Burke · · Score: 4, Funny

      (The oath requires the signer to "support and defend" the California and U.S,. constitutions; not wanting to violate her religious principles, she'd inserted the word "nonviolently".) She was eventually rehired after the usual legal squabble, which ended with the state AG ruling that the unamended oath did not obligated the signer to do military service!

      Aw. I was hoping the issue was resolved when they balanced the score by hiring someone who amended the oath by inserting "exclusively through violence".

      --

      The enemies of Democracy are
    2. Re:I'm not a Commie! Cross My Heart! by mhajicek · · Score: 5, Insightful

      (The oath requires the signer to "support and defend" the California and U.S,. constitutions;

      If I had signed an oath like that I would be forced to attempt to overthrow those who claim to be the government, and reinstate a government that actually follows the constitution.

    3. Re:I'm not a Commie! Cross My Heart! by Kjella · · Score: 4, Insightful

      This is not quite a dead issue. Quite recently, a Quaker hired to teach remedial math at Cal State East Bay lost her job after somebody noticed that she'd amended the mandatory oath she'd signed when she was hired. (The oath requires the signer to "support and defend" the California and U.S,. constitutions; not wanting to violate her religious principles, she'd inserted the word "nonviolently".)

      Personally I find the whole oath thing weird, here in Norway being a public school teacher is just a job not being an agent of the state. It binds you no more or less to uphold the constitution than it should for any other citizen, not that being a citizen is required either. And even for a citizen I find it weird, think of some of the amendments that have been repealed like Prohibition, what if you say "I don't support or defend Prohibition, it is wrong and should be removed"? Such oaths should not infringe on your first amendment rights.

      --
      Live today, because you never know what tomorrow brings
    4. Re:I'm not a Commie! Cross My Heart! by fm6 · · Score: 4, Funny

      They did. He's called the Governator.

    5. Re:I'm not a Commie! Cross My Heart! by billstewart · · Score: 4, Interesting

      Back when I had a security clearance in the 80s, they also asked if you had any family members who were part of organizations advocating the overthrow of the U.S. One guy had marked "yes" - his explanation was that his great-grandfather had fought for the Confederacy during the War Between The States. They let him in anyway...

      --

      Bill Stewart
      New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
    6. Re:I'm not a Commie! Cross My Heart! by lwsimon · · Score: 3, Interesting

      I'm no defender of the Bush administration (particularly the second term), but I think you'd be hard pressed to show that Obama's has been a "lot less unconstitutional".

      Obama's Nobel Prize money springs to mind, though it isn't quite germane to this discussion, as it is not strictly a constitutional issue. According to law, he has 60 days from receipt to dispose of the money - he can't keep it. Where is it?

      --
      Learn about Photography Basics.
  6. In a related development... by LostCluster · · Score: 4, Funny

    Al Queda of South Carolina has declared a victory!

  7. definition of a subversive by Anonymous Coward · · Score: 3, Insightful

    Prosecutor: Tell the court why you think he is a traitor to this country.
    Miss America: I think Mr. Mellish (Woody Allen's character) is a traitor to this country because his views are different from the views of the president and others of his kind. Differences of opinion should be tolerated, but not when they're too different. Then he becomes a subversive mother.

    - "Bananas" (1971)

  8. Re:Maryland had something called the "Ober law" by ravenshrike · · Score: 4, Insightful

    While McCarthy's investigations were quite vile and unconsitutional, they were not witch hunts. A witch hunt implies looking for something that's not there. Oddly enough, most of the evidence that came out after the fact confirmed a great deal of those he investigated to in fact be communists.

  9. Gay sex still banned, sort of by davidwr · · Score: 4, Interesting

    Lawrence v. Texas (2003) threw out laws that banned private sex acts between consenting adults.

    Even after 2003, there is still anti-gay discrimination when it came to consenting acts between teenagers compared to the same acts between consenting heterosexual couples:

    1) I think some states still have laws on the books that make gay sex a felony, those laws are theoretically enforceable against a 17-year-old gay couple.

    2) Likewise, in states where there is no Romeo and Juliet law, straight couples can have sex all they want if they get married first. Gay couples, well, good luck getting a marriage license outside of a handful of states. Even when the laws are non-discriminatory, the application can be - some prosecutors may look the other way when an 18 year old man has sex with a 17 year old almost-woman, but they'll be happy to throw the book at an 18-year-old man with a 17-year-old male youth. Or the prosecutor may not be biased but the parents of the girl may be willing to not press charges but the homophobic parents of the 17 year old boy may insist on it.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  10. Re:Maryland had something called the "Ober law" by maxume · · Score: 5, Insightful

    You are playing a definition game. McCarthy wasn't simply looking for Communists, he was looking for a threat to the American way of life. Oddly enough, it wasn't there.

    --
    Nerd rage is the funniest rage.
  11. Should go in the other direction. by maxume · · Score: 4, Insightful

    The government should just stop recognizing marriage.

    (the big downside there would likely be companies that stopped extending health benefits to families of employees. I can't think of any other real big ones (most other stuff can easily be handled with contracts))

    --
    Nerd rage is the funniest rage.
  12. Re:subversion by c6gunner · · Score: 3, Interesting

    In reply to your sig. What about Zionism and Islam? Are you just a religion basher or do you just descriminate against Christians?

    As others have pointed out, BR would not have had much exposure to Islam, nor would he have considered them important. From a more modern perspective, though, Zionism doesn't count since it's not a religion, and Islam is currently floundering around, trying to re-fight the battles which Christianity lost centuries ago. Islam isn't "the principal enemy of moral progress" because it's so ass-backwards that they don't even get counted in discussions about morality. Kinda like how the Quakers aren't "enemies of technological progress" because they're such complete luddites that nobody cares what they think.

    As for Christianity, the situation's changed a bit since Russel's time, but not enough. The brand of Christianity practiced in most of the western world is generally benign, with the obvious exception of the US. On the other hand, the brand of Christianity being practiced in developing nations is just as regressive as Islam, and even the benign varieties tend to cause harm by teaching people to blindly accept dogmatic statements.

  13. Re:Maryland had something called the "Ober law" by Anonymous Coward · · Score: 5, Insightful

    The witch hunt analogy is very appropriate. In Salem, etc. they persecuted witches (or anyone who wasn't Bible thumpin protestant or they just didn't like). Didn't matter if the witches/communists were actually bad people doing bad things. The possibility that you might be a communist/witch was enough to get you or your career burned at the stake depending on the century. So yes, McCarthy was on a witch hunt. The morality and wisdom of such a hunt is left as an exercise for the reader.

  14. Re:In other words ... by Marxist+Hacker+42 · · Score: 3, Interesting

    And also in the Guide (the book within the book, an encyclopedia much like wikipedia) it's the definition and advice for the Planet Earth before it was destroyed. Mostly Harmless.

    Given the events of September 2008, does this mean South Carolina can put the CEOs of Goldman Sachs, AIG, and JP Morgan Chase in jail for their (largely successful) attempt to overthrow the government of the United States?

    --
    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  15. Re:Maryland had something called the "Ober law" by dbIII · · Score: 3, Insightful

    Oddly enough, most of the evidence that came out after the fact confirmed a great deal of those he investigated to in fact be communists.

    The defendant gives money to the poor and obeys the ten commandments - he must be a filthy commie!
    When you expand the definition of Communist to anyone you can harrass if it gets you closer to the White House as McCarthy did then that is a lot of people. He was nothing but an opportunistic scumbag that would have got furthur if he hadn't decided to pretend that the US armed forces from General Marshall down were Communists.

  16. Re:In other words ... by JWSmythe · · Score: 4, Funny

        Please reference section 42 of your Slashdot User Agreement, and you will find it necessary to submit yourself to 30 lashes with a wet noodle, and turn in your geek card. You should hurry before your late.

        Sorry about that. Ford only wrote "Mostly Harmless", not "Completely apathetic". You should have been aware of the rules. They were clearly posted.

        In the cellar...

        In the disused lavatory...

        Clearly marked with the sign "Beware Of The Leopard"...

        In the bottom of the locked file cabinet...

        Under a mostly dead parrot.

        Like I said, clearly posted.

    --
    Serious? Seriousness is well above my pay grade.
  17. Re:problem is not that they were communists or not by dr_dank · · Score: 3, Insightful

    so why the hell do so many americans defy universal healthcare?

    It's the irrational fear that somebody somewhere is getting something that they didn't earn or deserve.

    --
    Where does the school board find them and why do they keep sending them to ME?
  18. Re:subversion by SEWilco · · Score: 4, Funny

    Are you now, or have you ever been, a member of /.?

  19. Parent article was precisely on topic by billstewart · · Score: 3, Interesting

    Calling Quakers complete Luddites doesn't make sense; they've got no problems with technology as long as you don't let it distract you from living an authentic life. Amish generally think post-1700s technology gets in the way. But they're both "Historic Peace Churches", along with the Mennonites, and both traditionally wore plain clothes and big hats back in the 1700s. In the case of the Quakers, the hats were because England had a beastly climate, and then many of them moved to North America; I suspect it was pretty much the same with the Amish moving from the Germanies.

    On the other hand, Quakers never did adopt the American technology called televangelism. A TV show with a bunch of people sitting around quietly for an hour just doesn't haul in cash, even if there is the exciting part at the end where the shake hands and then the clerk reads the announcements for the week, and maybe there's a potluck lunch or some coffee. It can be deeply meaningful if you're there, but you've got to be there...

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  20. Re:problem is not that they were communists or not by c6gunner · · Score: 4, Funny

    It's the irrational fear that somebody somewhere is getting something that they didn't earn or deserve.

    No, we weren't talking about gitmo ...

  21. Re:You reinforce my point. by Miseph · · Score: 4, Informative

    Uh, what? "Quaker" is to The Society of Friends what "Mormon" is to the Church of Latter Day Saints; a colloquial term for church members. I suppose that some Quakers out there might be offended by the term, but I've never heard of it, and there are actually a decent number of them in my area.

    As for preaching against their fellow man... no, not really. The Quakers are pretty well known for teaching peace, tolerance, equality and universal love. They were one of the first groups to outright condemn slavery in the United Sates, and also one of the first to take direct action against it (Quaker craftsmen, particularly shipbuilders, refused to make anything that would be used for the purpose of slavery, including those used for the slave trade; they also ran many of the stops on the underground railroad, and often provided material assistance to escaped blacks once in the North). They were also one of the first modern sects to allow female ministers, and have long supported and worked for equal rights for men and women.

    They're also shockingly badass for radical pacifists, throughout their history they have maintained a reputation for being downright fearless when it comes to issues of faith vs. the powers that be. It took some serious stones to tell the king of England that you will not remove your hat in his presence because the only authority which you respect is the Lord, even more when the circumstances are such that the king is pissed you're not following the state religion in which he is the voice of God.

    --
    Try not to take me more seriously than I take myself.
  22. Re:problem is not that they were communists or not by moeinvt · · Score: 3, Insightful

    Your assumptions and arguments conveniently ignore the U.S. Constitution. You referred to "Americans" in a collective sense, so I'll assume you're talking about the Federal government.

    "...a transparent government whose mandate is to keep you alive?"

    We haven't had anything close to a "trasparent" government at the federal level in recent history. Furthermore, the government's madate is NOT to "keep us alive" or "keep us safe". Their mandate is to preserve our individual liberty and carry out a very limited and specifically defined set of functions. Providing healthcare is not one of those functions.

    "...why the hell do so many americans defy universal healthcare?"

    1. It's un-Constitutional (i.e. illegal)
    2. The government can't even be trusted with their existing powers. Why do so many Americans want to give them even more?
    3. The government's biggest welfare programs are all insolvent. They've clearly demonstrated their unwillingness and/or inability to actually manage welfare programs.

    "socialized universal healthcare is not perfect, its simply BETTER than the current retarded system we have. admit it, and lose your ignorant fear of the scary word "socialism".

    See #2 above. I'm sure that you're a well-meaning individual, but what you get out of Washingon D.C. is legislation with a nice cover sheet that reads "Healthcare Reform" placed on top of 2000 pages of corporate welfare, tax increases, and expansion of government power. Do you actually believe these people are going to pass a bill that threatens insurance and pharmaceutical company profits?

    "...all they do is wind up killing some of their neighbors and friends, the same as they do when they oppose universal healthcare."

    Now you're being as irrational as the people who suggest that the government wants to give grandma a lethal injection.

    "...same as the mccarthy era- its not based on logic and reason, but based on fear of the unknown."

    There is some opposition to government run healthcare that may be due to fear of the unknown, but there are very logical and reasonable arguments for opposing it. Fear of the "S-word" is a fortunate counter-balance to the blind acceptance of the empty promise that government is going to provide free universal healthcare. A promise that they have no intention or ability to fulfill.

  23. Re:problem is not that they were communists or not by Arccot · · Score: 4, Insightful

    so why the hell do so many americans defy universal healthcare?

    It's the irrational fear that somebody somewhere is getting something that they didn't earn or deserve.

    Everyone I've talked to who opposes universal healthcare believes the government, by increasing restrictions and tightening regulations, will make the situation worse rather than better, being an often poorly run government.

    Not everyone who doesn't think as you do is an idiot. There's no need to attack and marginalize people who disagree with you. Hopefully that's not the kind of person you want to be, and you'll re-examine your perceptions in the future.

  24. Re:subversion by Joey+Vegetables · · Score: 3, Insightful

    As a Bible-believing aspiring Christian (one who aspires to being worthy of being called a follower of Christ, not one who claims to have attained that aspiration):

    I can agree with a lot of what you have to say - almost all of it really. The failures and weaknesses that people should be most concerned with are their own, which they can control, not other people's, which they can't. (And of course that assumes that we agree with one another what constitutes a weakness or failure in the first place, which, even among Christians, we often don't).

    The greatest commandments for any Christian, according to Christ Himself, are: (a) to love God with all our being and (b) to love our neighbor as ourselves. This implies tolerance. It implies that we should not attempt to use force, including the force of a state, to inflict our will upon others. It implies that we can disagree and still be friends and still relate to one another. It implies a moral standard that is more concerned with love than with rigid dogma. It does not imply that we turn a blind eye to sin - especially our own - but rather, that we do all we can with God's help to deal with our own, then offer help (NOT judgment or condemnation) to those around us who may want it.

    Now, there is a bit more to Christianity than law. We find that we are unable to keep the law. None of us is free from sin in one sort or another. Few if any of us are totally sexually pure. Few of us are truly un-judgmental. Few if any of us always live up to even our own moral standards, much less God's. So we find that, even if we understand and try to follow God's Law of Love, we still will fall short, and thus will find ourselves in need of His forgiveness. And we find in Scripture that this forgiveness is available to all those who trust in Christ. That is not the same as implying that all those who claim to be Christians possess this forgiveness and the eternal life that follows . . . nor that all those who do not so claim are outside of it. But it is wise to seek it where we know it may be found.

    Much of this is summed up in the story of Christ forgiving the woman taken in adultery, whom the "religious" leaders of the day were about to stone to death, in accordance with their understanding of Mosaic law, but also in total hypocrisy, as she had done nothing they had not also done: "Neither do I condemn you;" He said, "go, and sin no more."

    I am horrified by how badly many "Christians" treat many members of the LGBT community, how many people get hurt as a result, and how badly the Christian message gets distorted in the process. It isn't "do whatever you want and God will look away" and neither is it "do exactly what we say or God will burn you." It is that "God so loved the world, that He gave His only Son, so that whoever believes in Him will not perish, but have everlasting life." And we are ALL sinners, so we don't have any right to judge anyone else, but we have been given the privilege and responsibility to live according to what we know of God's love (as well as His justice), and also to invite (NOT force) others who are willing to do the same if they wish.