George Washington to New Hampshire, 29 December 1777 (Detail, GLC03706) The Cold War: Does a democratic government ever have the right to deprive citizens of their rights when it feels threatened? by Gail Horowitz Humanities and the Arts Magnet High School http://sunsite.berkeley.edu/UCHistory/archives_exhibits/ loyaltyoath/symposium/resolution.html Oaths and pledges have often been cause for controversy. During the Cold War, Senator Joseph McCarthy of Wisconsin, in a post World War II anti-communist hysteria began to demand that citizens, espically those working in government and education, sign loyalty oaths. The attached document is a copy of one of those oaths. This is the oath that employes in California were required to sign in order to keep their jobs or to be hired. The purpose of the oath was to bar members of the Communist Party from employment by the University as members of the faculty or in any other capacity. During the lesson, I would instruct my students to compare this oath to the Pledge of Alligence of the United States of America. (They would be given a copy of the pledge along with this document.) Students would read, examine, compare and contrast the documents, and as a homework assignement, be required to locate another oath or pledge and evaluate it. (Example: Scout oaths or sorority/fraturnaty initiations) Resolution Adopted by the Regents of the University of California, April 21, 1950 The Regents of the University of California confirm and emphasize their policy designed to bar members of the Communist Party from employment by the University as members of the faculty or otherwise, as embodied in various statements and resolutions including those of October 11, 1940 and June 24, 1949, which policy is hereby reaffirmed. The Regents are gratified that the Academic Senate, both Northern and Southern sections, has concurred in this policy by an overwhelming vote, reported on March 22, 1950. The Regents have given further consideration to the most effective methods for the implementation of this established policy, and it is their view that the objectives previously defined and announced can best be achieved in the following manner: After July 1, 1950, which will mark the beginning of a new academic year, conditions precedent to employment or renewal of employment of American citizens in the University shall be (1) execution of the constitutional oath of office required of public officials of the State of California and (2) acceptance of appointment by a letter which shall include the following provision: "Having taken the constitutional oath of office required of public officials of the State of California, I hereby formally acknowledge my acceptance of the position and salary named, and also state that I am not a member of the Communist Party or any other organization which advocates the overthrow of the Government by force or violence, and that I have no commitments in conflict with my responsibilities with respect to impartial scholarship and free pursuit of truth. I understand that the foregoing statement is a condition of my employment and a consideration of payment of my salary." Inasmuch as aliens are not lawfully subject to an oath of allegiance to the United States or the State of California, their letters of acceptance shall be drawn without reference to such oath but shall otherwise in all respects be identical with those of American citizens. In any case of failure to sign the constitutional oath and the prescribed form of letter of acceptance the right of petition and review (referred to below) will be fully observed. The foregoing is intended to govern employment and reemployment after June 30, 1950. For the balance of the current academic year, to wit, until July 1, 1950, account must be taken both of the large majority of faculty and employees who have subscribed to the loyalty oath of June 24, 1949, and of the minority who have not. The Regents have on various occasions indicated that an alternative affirmation would be accepted from the latter group if in form approved by the Regents. It is hereby provided that execution of the constitutional oath of office required of public officials of the State of California, and acceptance of appointment in the form herein stated, will be acceptable affirmation in lieu of the oath of June 24, 1949. The Secretary of the Regents shall promptly mail to all faculty members and employees of the University new letters of acceptance of appointment for the academic year 1949-50, containing the text of the provision set forth above, and accompanied by the text of the constitutional oath of office of the State of California. Acceptance in the form prescribed shall be obligatory for all who have not filed with the Secretary the loyalty oath previously required by the Regents. Those who have already taken the latter oath need not follow the described procedure for the current academic year but may do so if they wish. In such case the oaths to which they have subscribed may be withdrawn. In the event that a member of the faculty fails to comply with any foregoing requirement applicable to him he shall have the right to petition the President of the University for a review of his case by the Committee on Privilege and Tenure of the Academic Senate, including an investigation of and full hearing on the reasons for his failure so to do. Final action shall not be taken by the Board of Regents until the Committee on Privilege and Tenure, after such investigation and hearing, shall have had an opportunity to submit to the Board, through the President of the University, its findings and recommendations. It is recognized that final determination in each case is the prerogative of the Regents. In order to provide a reasonable time for completion of the foregoing procedures, the Regents hereby fix May 15, 1950 as the date on or before which the constitutional oath and contract form shall be signed, and June 15, 1950 as the date on or before which all proceedings before the President and the Committee on Privilege and Tenure shall be completed and their findings and recommendations submitted to the Regents. The regulations and procedures herein enacted, as applied and enforced by the administrative authorities of the University, will henceforth govern and control over all previous actions of the Regents to the extent they may be inconsistent with such previous actions to the end that the policy of the Regents and the Academic Senate barring members of the Communist Party from employment in the University may be fairly and effectively implemented. 1. What is the purpose of the University of California Loyalty Oath? 2. What are the consequences to those who refuse to sign it? 3. Is this document in conflict with the United States Constitution? Prove your answer. 4. You have a family to support, a mortgage to pay, and other bills and responsibilities. You have just been told that in order to keep your job, you must sign a loyalty oath, the content of which you may or may not agree with. If you do not sign, you will not be able to abtain another job with equal pay or stature. Would you go against your principals/beliefs and sign the oath? Explain in detail your reasons for either signing or not signing the oath, keeping in mind the consequences of your act - either way… and how it will effect not just yourself, but also the other members of your family. 5. Compare and contrast the California Loyalty Oath to the Pledge of Alligence. How are they similar? How are they different? Explain your answer.