History of South America

Did the McCarran Act infringe upon constitutional rights?

Yes, the McCarran Act of 1950 infringed upon constitutional rights, specifically the First Amendment rights of freedom of speech and association. It allowed for restrictions on political beliefs and activities deemed subversive by the U.S. Attorney General based on vague criteria. Many critics saw it as overly broad and unconstitutional as it infringed upon civil liberties and led to the blacklisting of many individuals based on suspicion rather than concrete evidence.

The Supreme Court never directly ruled on the McCarran Act's constitutionality. However, in subsequent cases related to freedom of speech and association, the Court established stronger protections for these rights. The landmark cases Brandenburg v. Ohio (1969) and NAACP v. Alabama (1958) set legal precedents that limited when governments could justifiably limit free speech and expression.