Appendix — Holder v. Humanitarian Law Project

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APPENDIX: LIST OF AMICI CURIAE

Irving Adler is a prominent mathematician

and math educator, who has authored or co-authored

more than 80 books on mathematics, science and

education. Adler started his career in 1932 as a

math teacher in New York City public schools. He

lost his position in 1954 when he refused to answer

questions from the New York Superintendent of

Schools about his political beliefs. Adler was a

plaintiff in a Supreme Court lawsuit challenging the

constitutionality of the New York “Feinberg” law,

providing for dismissal of teachers belonging to

“subversive organizations.” Adler v. Board of

Education of City of New York, 342 U.S. 485 (1952).

The Supreme Court upheld the Feinberg law, but

later reversed in Keyishian, supra.

Ernst and Jessica Benjamin are the son and

daughter of Herbert and Lillian Benjamin. Ernst is a

political scientist and retired General Secretary of

the American Association of University Professors.

Jessica Benjamin is an internationally known

psychoanalytic psychologist and author. Herbert

Benjamin was active in the hunger marches of 1930

and 1932, the Unemployed Councils, the campaigns

for social insurance, and the Worker’s Alliance. He

professed his Communist Party membership in

congressional testimony in the late 1930s _ but

refused to testify about others after he left the Party

about 1946. The Benjamin family was subject to

recurrent FBI surveillance both before and long

after Herbert Benjamin left the Communist Party,

including workplace and neighborhood investigative

interviews and deportation efforts intended to

persuade Herbert Benjamin to testify about the

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activities of others. The Benjamin children were

subject to their mother’s anxiety about their father’s

possible deportation, and to harassment at school

such as a teacher repeatedly lecturing Jessica on the

virtues of Senator McCarthy and a_= school

administrator who noted “needs political guidance”

in Ernst’s high school record. Ernst’s focus on

academic freedom has familiarized him with the

parallels between “McCarthyism” and current

excessive constraints on academic speech and

association arising from the “war on terror.” Jessica

has taught and studied in Chile, Argentina,

Germany, and Israel where she has observed and

discussed with other mental health professionals

how political persecution deprives children of the

orderly interpersonal environment that nurtures

fully functional adults.

Walter Bernstein is a writer who was

blacklisted in the 1950s by HUAC. After being

blacklisted, he continued to write under

pseudonyms. He was nominated for an Oscar for

writing The Front, the Woody Allen/Martin Ritt film

about the blacklist. He is a recipient of The Writers

Guild of America East Lifetime Achievement Award

and he also wrote the book "Inside Out: A Memoir of

the Blacklist".

Judy Branfman is the great-niece of Yetta

Stromberg. As a 17-year-old leader of the Young

Pioneers (the youth organization of the Communist

Party) in Los Angeles, she ran a summer camp for

working class children. In 1929, the camp began to

fly a homemade red flag in the morning and within

days it was raided and shut down. Stromberg was

sentenced to 1 to 10 years in San Quentin Prison for

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violating California’s “Red Flag Law,” which

criminalized displaying a red flag. Stromberg

appealed her conviction and the U.S. Supreme Court

found portions of the law unconstitutionally vague.

Stromberg v California, 283 U.S. 359 (1931). While

the case set precedent for hundreds of free speech

and civil rights cases, the FBI continued to track

Stromberg for decades because of her early activism

and suspected membership in the Communist

Party. She was blacklisted anu fired from teaching

jobs with UCLA and Los Angeles public schools

during the 1940s and 50s. Although never called

before HUAC, she lived in constant fear of a

subpoena. Prevented from fulfilling her true goals as

an educator, she taught in private schools and very

rarely talked about her case with anyone.

Jean Rouverol Butler is an author, actress

and screenwriter whose husband, screenwriter Hugo

Butler, was blacklisted in the 1940s. During that

time period, Hugo Butler published under Jean

Rouverol Butler’s name. In 1951, in order to avoid

being subpoenaed by HUAC, she and her husband

fled to Mexico, thereby avoiding facing prison

sentences for failing to answer questions. She

returned to the United States in mid-1960s. The

author of several books, in 2001 she published

“Refugees from Hollywood: A Journal of the Blacklist

Years.”

Clifford Carpenter is an actor who was

blacklisted in the late 1940s for his political views,

and for years was unable to get work in radio,

television and film. He was called before HUAC

while in a play by Dore Schary called Sunrise at

Campobello about Franklin Delano Roosevelt.

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Carpenter refused to answer questions about his

prior involvement in the Communist Party before

the Committee. Carpenter led the struggle against

the blacklist in the New York local of the American

Federation of Television and Radio Artists. He acted

in a number of Broadway hits as well as hundreds of

radio shows, including playing Terry on the popular

radio series, “Terry and the Pirates.”

Irwin Corey is a prominent comedian,

performer and satirist. He was blacklisted during

the 1950s for his left-wing political opinions. As a

result of the blacklist he was unable to get the kind

of work that his talent and experience would have

permitted. Due to the after-effects of the blacklist,

Corey was not able to get work on television and

movies until the 1970s and 1980s.

Professor H. Chandler Davis (Ph.D. Harvard

1950) was a non-tenured junior faculty member at

the University of Michigan when he was questioned

by the HUAC in 1954. Refusing to answer was easy:

one simply had to invoke the Fifth Amendment

protection against self-incrimination. Davis avoided

doing so, deliberately incurring indictment for

contempt of Congress. He hoped to argue, on appeal

to the Supreme Court, that the HUAC hearings were

unconstitutional under the First Amendment. His

appeal was denied certiorari, and he served time in

Danbury Federal Correctional Institution.

Blacklisted permanently from regular employment

in his profession in the United States, he has had a

successful professional life since 1962 at the

University of Toronto (but retained his USS.

citizenship). This included vice presidency of the

American Mathematical Society 1991-1994; and

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many guest lectureships, including in the U.S. In

1990, the University of Michigan Senate Assembly

established a special lecture on Academic and

Intellectual Freedom in honor of Davis and two other

Michigan faculty members fired for refusing to

testify before HUAC.

Clarke Dunham is the son of Barrows

Dunham, whose book, Man Against Myth, a New

York Times best-seller in 1947, made him a

spokesman for American’ progressive thought,

drawing the attention of the FBI which then tracked

which university classrooms used the book as a text.

A compelling speaker, Barrows Dunham appeared at

many events, and those events appeared within his

FBI files. Many friends and acquaintances became

victims of the Un-American Activities Committees

and professional blacklists. He tested the idea of

becoming an ex-patriate, the choice of many others,

but soon returned to AmericaO what he referred to

as “God’s Country”. In February 1953, supported by

Albert Einstein, Dr. Dunham was a candidate for a

Ford Foundation grant when he was subpoenaed to

appear before HUAC. Refusing to give the

Committee more than his name, date and place of

birth, he was quickly indicted for contempt of

Congress. That same day the Ford Foundation

denied the grant. Temple University suspended him

from his position as professor and Chairman of the

Philosophy Department the following day. Temple

later fired Barrows for "intellectual arrogance" and

“obvious contempt of Congress." His trial resulted in

a directed verdict of acquittal and in fact established

a legal landmark the point at which a person could

legally and safely refuse to testify against one’s

friends and associates. His contempt no longer

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"obvious" and his defiance of government oppression

vindicated, Temple nevertheless refused to reinstate

him. Twenty-eight years later Temple did reinstate

Barrows with a meager pension. Not only Barrows

suffered. His wife, Alice Dunham, was forced out of

her job at the Philadelphia Museum of Art. Several

generations of the Dunham family endured financial

hardship and emotional scars directly caused by the

blacklist, and two generations of students shared the

loss of a well loved and inspiring teacher.

Henry Foner and his three brothers (now

deceased) were victims of the McCarthy-like Rapp-

Coudert Legislative Committee investigating

communism in New York public schools and colleges.

Henry’s brothers Phillip, Jack and Moe -- along with

about fifty other City College teachers -- were

suspended due to their political beliefs as a result of

the Rapp-Coudert committee, and Henry was denied

a public school teacher’s license, Later, Philip taught

at Lincoln University in Pennsylvania and authored

close to 100 books on labor, Black and women's

history. Jack taught at Colby College in Maine and

was honored by the college upon his retirement

there. Moe founded the world-renowned Bread and

Roses cultural program at the Service Employees

International "Jnion - 1199. Henry received the

Legion of Merit and Italian Military Valor Cross

during his military service and went on to serve as

president of the Fur, Leather & Machine Workers

Union, covering workers in New York, New Jersey,

Pennsylvania, Delaware and West Virginia for 27

years until his retirement in 1988.

Professor Ann Fagan Ginger was a victim and

close family member of victims of the McCarthy Era

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“red scare.” In 1954 the Harvard University

Business School broke the contract of Ginger’s

husband, professor Ray Ginger, when the Gingers

refused to answer questions about their political

affiliations. He was blacklisted and could only get a

teaching job in Canada for many years. This broke

his marriage and led to his death at the age of 50 of

alcoholism. Ann Ginger could not get admitted to

practice law in Massachusetts, New York or

California from 1952 until 1972 because she could

not pass the FBl-administered “character” test.

Nevertheless, during this period she argued and won

a case in the U.S. Supreme Court contesting a

contempt citation by the Ohio Un-American

Activities Commission. Raley v. State of Ohio, 360

U.S. 423 (1959). In 1970, after ten years of editing

books for the University of California Continuing

Education of the Bar, she was fired when the FBI

visited her new supervisor. Her brother-in-law,

professor Edward Yellin, also suffered from

blacklisting after refusing to answer questions before

HUAC, although he won his case in the U.S.

Supreme Court in 1963. Yellin v. U.S., 374 U.S. 109

(1963).

Roderic Gorney is the son of Jay Gorney and

the step-son of E. Y. Harburg. Together, Gorney and

Harburg wrote "Brother, Can You Spare a Dime."

With other composers, Harburg wrote the lyrics for

“The Wizard of Oz," for which he won an Academy

Award for the song "Somewhere Over the Rainbow,"

and "Finian's Rainbow," among other classic

American musical works. Both Gorney and Harburg

were listed in the initial Blacklist publication, "Red

Channels." Harburg was named by a "friendly

witness" before HUAC, actor Robert Taylor, based on

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lyrics to a song in a movie in which Taylor had

starred. When asked by his studio, MGM, to testify

before HUAC voluntarily, Harburg refused and

responded that "Guilt by association is a European

doctrine which has always been repudiated in this

country, and it is about time that decent liberals and

good Americans fought back. . .". Roy Brewer, the

"keeper" of the Hollywood Blacklist, informed

Harburg that he was labeled a "Red" based on a song

he wrote for a 1940 musical starring Lena Horne,

who was also blacklisted. In the hysteria of the

McCarthy Era, Brewster accused Harburg of writing

the song, "Happiness is Just a Thing Called Joe" as a

tribute to Joseph Stalin. Harburg was blacklisted in

Hollywood and denied a passport when he sought to

leave the country. Roderic Gorney saw first-hand

the devastating effect of "guilt by association" on his

family and his family friends.

Sondra Gorney is the widow of Jay Gorney,

the renowned composer of "Brother, Can You Spare

a Dime" and other classic songs. In 1950, both

Sondra and Jay Gorney' were listed in

Counterattack, a publication of the organization

AWARE, as "reds." Among the reasons Jay was

accused of being a Communist was that he had

signed a statement issued by the National Council of

Arts, Sciences and Professions (NCASP), calling for

the abolition of HUAC. In 1952, both Sondra and

Jay Gorney were subpoenaed to testify before

HUAC, but only Jay Gorney appeared before the

Committee. When asked "Are you now or have you

ever been a Communist?", Gorney took the Fifth

Amendment. Although he avoided going to prison,

both he and Sondra lost their careers. The hysteria

of the McCarthy Era cast a lasting pall on the

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Gorney family, particularly their two young children

who were six and eight at the time of the hearings.

Yolanda “Bobby” Hall was active in racial

integration efforts in Chicago on behalf of the

League of Women Voters in 1965 when she was

subpoenaed to appear before HUAC and refused to

give testimony. Hall is a founder of the Working

Women’s History Project and a former President of

Local 330 of the United Automobile Workers Union.

Hall was a plaintiff in Stamler v. Willis, 287 F.

Supp.734 (D. Ill. 1968), a case challenging the

constitutionality of the HUAC.

Paul Harris is a graduate of Boalt Hall law

school and teaches at Golden Gate School of Law in

San Francisco. He is the son of Sydney Harris, who

joined the Communist Party while volunteering to

fight fascism during the Spanish civil war. After

returning to the U.S., Harris was blacklisted and

unable to get a job in the labor movement. His

phone was tapped by the government in 1952, and

he was unable to get a job as a labor journalist until

well after he left the Communist Party in the mid

1950s. Paul Harris is also the nephew of Fred Fine,

a Communist Party leader indicted under the Smith

Act in 1951. Fine went underground for four years

and was tried and convicted after his voluntary

surrender, despite the absence of evidence that he

ever engaged in any act of violence. His conviction

was reversed after the Supreme Court decision in

Yates, supra. He resigned from the Party in 1957.

He went on to become Commissioner of Culture for

Chicago in 1984. Paul Harris’ mother, Rose Fine,

also an intermittent Communist Party member, was

subject to continuous FBI investigation and

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harassment due to her brother’s affiliation. She left

the Party in 1952 and was fired from seven jobs

between 1952 and the Fall of 1953, all after she had

left the party. Each firing resulted from FBI visits

to her employer. She was once threatened with

felony prosecution for a minor offense unless she

gave information about her brother. The FBI

repeatedly harassed the family, visiting neighbors

and relatives to ask questions, and once attempting

to interrogate 8-year-old Paul.

Peter Hodes is the son of Dr. Robert Hodes, a

victim of a McCarthy Era firing. Dr. Hodes was a

neurophysiology professor at Tulane University who

spoke out in favor of peace in opposition to the

Korean War. He tried to integrate the housing for

visiting professors attending conferences in New

Orleans. He had cooperative relations with some

scientists from the Soviet Union. He was fired in

1953 for expressing these unpopular political beliefs,

but Tulane University disguised its _ political

motivation and instead charged him with causing

“friction” within his department. Dr. Hodes fought

unsuccessfully to keep his job at Tulane through the

university's internal review process. After he was

fired, Dr. Hodes was blacklisted and unable to find

another comparable job. Unable to find work in his

field, Dr. Hodes moved, with his wife and three

children, to England. Then, from 1954 until 1959, he

and his family moved to China, where he was able to

continue his professional career.

Beth Keehner Lamont is the widow of Dr.

Corliss Lamont, a leading philosopher, teacher and

defender of human rights. Dr. Lamont was a

founder of the National Emergency Civil Liberties

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Committee, which later became the Center for

Constitutional Rights, and a Director of the

American Civil Liberties Union from 1932 - 1954. As

a consequence of his political beliefs, Dr. Lamont

was investigated by Congress, cited for contempt of

Congress, denied a passport by the State

Department, and subject to FBI wiretaps and

investigations of his finances. Dr. Lamont won a

successful lawsuit against the U.S. Postmaster

General for opening mail in violation of the First

Amendment, Lamont v. Postmaster General of the

United States, 381 U.S. 301 (1965). Dr. Lamont

authored numerous books, including The Philosophy

of Humanism.

Richard Lees is the son of Robert Lees. Robert

Lees was a well-known screenwriter of comedies for

Abbott and Costello, among others, when he was

called to testify before HUAC. Lees refused to do so,

telling the Committee that “a writer writes for the

people, who are both his inspiration and his

audience. The political freedom of the people

guarantees the writers tools of his trade OD freedom of

thought and expression.” For Lees, it was important

that a “writer must also function as a citizen” to

guarantee freedom of thought and expression. Lees

was blacklisted from Hollywood. Having lost his

profession, he moved his family from Hollywood and

took a job as a maitre’d to support them. Although

Lees later wrote for television under various

pseudonyms, he never recovered his screenwriting

career.

Professor Lee Lorch is a nationally and

internationally recognized mathematician, elected to

the Councils of the American and Canadian

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Mathematical Societies, anda Fellow of the

American Association for the Advancement of

Science. He has received four honorary doctorates

and other prestigious academic awards. He was

elected as a Fellow of the Royal Society of Canada

and served on its Council. Professor Lorch paid a

heavy professional price, including being blacklisted,

for his commitment to civil rights and equal

opportunity for women and minorities. In the late

1940s, the Lorches participated prominently in the

campaign to eliminate racial segregation in

Stuyvesant Town, a housing development in New

York City. As a result, Lee lost his position at City

College of New York. Later he was dismissed from

his position at Pennsylvania State University

because he allowed an African American family to

live in his Stuyvesant Town apartment. This was

reported on the front page of The New York Times,

and the paper published an editorial calling for his

reinstatement. Lorch was summoned to testify

before HUAC in 1955, after attempting to enroll his

daughter in a_ neighborhood, African-American

school in Nashville, Tennessee, where he and his

family were living and working at the time. When

Professor Lorch refused to answer a number of

questions the Committee put to him, he was

dismissed from his position at Fisk University and

indicted for contempt of Congress. Although

Professor Lorch was acquitted of the contempt

charge, he was. blacklisted. Finding himself

unemployable in the U.S., he and his family moved

to Canada in 1959, where Professor Lorch has had a

distinguished career. He has remained a USS.

Citizen. During World War II, he served for three

years in the U.S. Army and received an honorable

discharge.

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Dr. Hilda W. Ornitz is the daughter-in-law of

screenwriter Sam Ornitz, one of the “Hollywood

Ten.” Ornitz was one of the oldest of the group of

ten individuals subpoenaed as “unfriendly”

witnesses before HUAC. Ornitz was also an

organizer and board member of the Screen Writers

Guild, the trade union organized in the mid-1930s as

an answer to the Academy of Motion Pictures Arts &

Sciences. Ornitz was called before HUAC in 1947 to

answer questions about the Screen Writers Guild.

He invoked his constitutional rights and refused to

answer the Committee’s questions. Ornitz was

charged and convicted for contempt of Congress, and

sentenced to a fine of $1,000 and a year in prison.

He was blacklisted by Hollywood, and never again

wrote for motion pictures. He died a few years after

his release from prison.

Harrison Randolph and Martha LEoline

Randolph are the children of Tony-award winning

actors John Randolph and Sarah Cunningham. Both

Randolph and Cunningham were blacklisted by the

Hollywood studios after having been “named” for

supporting progressive causes. They were unable to

get film work, or work in radio or television in New

York City, after 1951. They invoked their Fifth

Amendment rights and refused to testify before the

HUAC in 1955. Randolph was not rehired in

Hollywood until 1966. After his return to

Hollywood, Randolph was a board member of the

Screen Actors Guild and _ other professional

organizations. Randolph said he served on these

boards as a living reminder not to forget or repeat

the McCarthy Era.

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Joan Scott, Aemilia Scott, Douglas Scott, and

Adam Scott are the wife, great niece, nephew and

great nephew, respectively, of Adrian Scott, a

member of the so-called “Hollywood Ten,” and a

producer and screenwriter whose professional life

was cut short by the Hollywood blacklist. As a

consequence of political activity at Amherst College

and in Hollywood, and especially after producing a

film entitled “Crossfire” dealing with anti-Semitism

in the U.S. Army, Adrian was brought before HUAC

to explain his alleged ties to the Communist Party.

Rather than taking the Fifth Amendment, Adrian

and nine other members of the Hollywood

community opted to invoke their First Amendment

rights. Adrian argued before HUAC against guilt by

association, stating, “I do not believe it is proper for

this committee to inquire into my _ personal

relationships, my private relationships, my public

relationships.” For this, and after being named by

'HUAC friendly' witnesses, he and the other

members of the Hollywood Ten were blackiisted and

jailed for contempt of Congress. Adrian spent nine

months in prison. Adrian’s Hollywood career was

effectively ended, forcing him to write under a

pseudonym, use a “front,” and eventually leave the

United States entirely to find work. He died in 1971,

within a few years of returning to the U.S. Aemilia

is herself working to become a screenwriter, and

honors the principled stance that Adrian took and

the price he paid for his dissent.

Joan Wallach Scott is a professor of Social

Science at the Institute for Advanced Study in

Princeton NJ. She is the daughter of Samuel

Wallach, who was fired from his job as a New York

City high school teacher in 1953. Sam Wallach

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refused to answer questions about his personal

political beliefs in 1948 before a congressional

investigating committee and then again when the

Board of Education asked whether or not he was a

member of the Communist Party. Nothing in

Wallach’s 18 year record as a teacher indicated that

he was unfit to be in a classroom. It was the

presumed danger of his political beliefs that led to

his firing, and to the dismissal or forced resignation

of some 350 New York City public school teachers

during that period. In his statement to a

congressional committee and the Board of

Education, Wallach stated “As a teacher and believer

in fundamental principles, it seems to me that it

would be a betrayal of everything | have been

teaching for me to cooperate with this committee in

an investigation of a man’s opinions, his political

beliefs, his religion, or private views.”

Bella Stander is the daughter ofthe late

Lionel Stander, a film, stage, television and radio

actor who was active in many progressive social and

political causes. Stander was first subject to an early

“blacklist” in the 1930s because of his active role in

progressive trade unions’~ and _— anti-Fascist

organizations. Although he was publicly cleared of

accusations of being a communist by the Los Angeles

District Attorney in 1940, years later he was again

accused of being one. He was subpoenaed to appear

before HUAC in 1953, and as a result was

blacklisted from radio, TV and Hollywood. Lionel

Stander sparred vigorously with the Committee,

defending his constitutional rights and

denouncing HUAC for trampling them, which made

front-page news from coast to coast. Columnist

Walter Winchell, who had supplied material on

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Stander to the FBI, then demanded that he be

ousted from his role in the touring production of “Pal

Joey.” J. Edgar Hoover wrote in his FBI file, which

covers some 30 years: "Be certain Stander doesn't

use FBI to regain respectability."

Jo Wilkinson is the daughter of Frank

Wilkinson, the director of the Los Angeles Housing

Authority in the 1940s. In early 1952, he was called

before the California State Un-American Activities

Committee, ostensibly to testify on the alleged

infiltration of communists into the administration of

public housing. Wilkinson appeared but refused to

answer questions, and was fired from his job as a

result. Jo Wilkinson’s mother, Jean, also refused to

testify about her political belicfs, and was fired from

her job as a public school teacher. She was not able

to obtain employment again as a public school

teacher until 1965. In 1956, and again in 1958,

Frank Wilkinson appeared before HUAC, but

refused to answer questions. Instead, he asserted

that the Committee’s role and questions violated the

First Amendment.In 1961, he was jailed for

contempt of Congress and served nine months in

federal prison. The Wilkinson home was firebombed

during this time and, like many other families, the

Wilkinson’s were subject to constant surveillance

from unidentified men in unmarked cars.

Becca Wilson and Rosanna Wilson-Farrow are

the daughters of screenwriter Michael Wilson, who

was called to testify before the HUAC in late 1951.

Wilson served honorably as a Marine lieutenant in

the Pacific Campaign during World War IT. When he

was called to appear before the Committee and

refused to answer certain of their questions, Wilson

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was branded an “unfriendly witness” and

blacklisted. Just six months later, he won his first

Oscar for Best Screenplay for “A Place in the Sun,”

which he had written before being blacklisted.

Because of the blacklist, for 15 years Wilson was

forced to write “under the table,” work for a fraction

of his former compensation, and was denied the

honors and public acclaim he would have received

for his extraordinary creative achievements. Wilson

had to live in exile with his family for eight years in

order to be able to work as a writer. In 1956 Michael

Wilson's screenplay for Friendly Persuasion was

nominated for the Academy Award, and was strongly

favored to win, but he was quietly disqualified

because of the blacklist. His name did not appear in

the credits, and became one of the only films in

Hollywood history credited to no screenwriter at all.

In 1957, Wilson and another blacklisted writer, Car]

Foreman, cowrote the screenplay for The Bridge

Over the River Kwai. Because of the blacklist, the

film’s screenwriting credit simply said, “Screenplay

Based on the Novel by Pierre Boulle.” Although the

film won the Academy Award for “Best Writing,

Screenplay Based on Material from Another

Medium,” the Oscar statuette went to Boulle, the

novelist on whose book the screenplay was based, a

Frenchman who barely spoke English. Wilson also

wrote the screenplay for 1962’s “Best Picture” Oscar

winner, Lawrence of Arabia. For three decades, he

was denied writing credit for these and other films

considered among the best screenplays of the

twentieth century. As a result of pressure on the

Motion Picture Academy exerted by Wilson’s

surviving friends in the screenwriters’ guild, in 1984

Wilson was awarded a posthumous Oscar for Bridge

Over the River Kwai, and posthumous Oscar

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nominations for Lawrence of Arabia in 1984, and

Friendly Persuasion in 1995. Michael Wilson’s

family suffered emotionally and financially due to

the blacklist. All of this took an enormous toll on

Wilson, who died at a relatively young age.