California Criminal Syndicalism Act

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California Criminal Syndicalism Act
California State Legislature
Signed into lawYes
Status: Repealed

The California Criminal Syndicalism Act (Stats. 1919, c. 188, p. 281; it was codified at California Penal Code §§ 11400 et seq.)[1] was a law of California in 1919 under Governor William Stephens criminalizing syndicalism. It was enacted on April 30, 1919, and repealed in 1991.[2]

One of the Act's best-known convictions was that of

Charlotte Anita Whitney, which led to the Act being upheld by the Supreme Court of the United States in Whitney v. California (1927), which was itself explicitly overturned in Brandenburg v. Ohio (1969), effectively declaring the Act unconstitutional.[3]

The Act must be viewed in the context of the First Red Scare and the turbulent labor history of the United States in the early 20th century.[4] From 1910 to 1920, 20 states enacted laws criminalizing syndicalism.[3]

Convictions

One of the Act's best-known convictions was of

Charlotte Anita Whitney in 1920, which led to the Act being upheld by the Supreme Court of the United States in Whitney v. California
(1927).

In April 1930, meetings of the

According to journalist and historian

San Quentin Prison for terms of from one to fourteen years. A large part of these prosecutions arose in Southern California."[9]

Notes

  1. ^ Added by California Stats. 1919, c. 188, p. 281. Renumbered by California Stats 1953, c. 32.
  2. ^ Repealed by California Stats. 1991, c. 186 (A.B. 436).
  3. ^ a b Green 2009, p. 85.
  4. ^ Whitten 1969, p. 4.
  5. ^ a b Daniel 1981, p. 121.
  6. ^ Daniel 1981, p. 124.
  7. ^ Daniel 1981, p. 125.
  8. ^ Daniel 1981, p. 126.
  9. ^ McWilliams (1973), pp. 290–291.

References

  • Daniel, Cletus E. (1981). Bitter Harvest: A History of California Farmworkers, 1870–1941.
    OCLC 6915093
    .
  • Green, Jonathon (2009). Karolides, Nicholas J (ed.). Encyclopedia of Censorship. Facts on File Library of World History. .
  • Hosmer, Helen; .
  • .
  • Whitten, Woodrow C. (March 1969). "Criminal Syndicalism and the Law in California: 1919–1927". .