Pleading the Fifth: Lillian Hellman and the HUAC Investigation of Hollywood

Christine Blackerby

On May 19, 1952, playwright Lillian Hellman wrote an open letter to John S. Wood, ing testimony about herself but not her chairman of the House Un-American Activities Committee (HUAC). She had been associates; an option which often ended subpoenaed by the congressional committee, and in her letter she puzzled through in a citation for contempt of Congress her legal options regarding her testimony. Hellman said: and jail time. Or, she could “plead the Fifth” Amendment, and refuse to answer I have been advised by counsel me to name other people. If the all questions. Many people considered that under the Fifth Amendment committee is unwilling to give me this last option to be an admission that I have a constitutional privilege this assurance, I will be forced to one was a Communist, and those who to decline to answer any ques- plead the privilege of the Fifth chose this route were often “blacklisted” tions about my political opinions, Amendment at the hearing. and could no longer find work. activities, and associations, on The ruthlessness of HUAC’s pursuit the grounds of self-incrimination. Hellman had been subpoenaed by of suspected communists in these com- I do not wish to claim this privi- HUAC during the post-World War II mittee hearings engendered criticism of lege…. My counsel tells me that “Red Scare,” when many Americans were their methods and exposed the dynamic if I answer questions about my- convinced that domestic communism tension between liberty and security in self, I will have waived my rights was the leading security concern in the the early Cold War. Some Americans under the Fifth Amendment and United States. The members of HUAC believed that HUAC was responsible could be forced legally to answer set the goal of eradicating communist for crushing America’s hallowed First questions about others. This is influence from government and society. Amendment liberties of free speech and very difficult for a layman to un- With their ability to generate publicity association, and for forcing innocent derstand. through hearings, HUAC amplified the Americans to take refuge in the Fifth threat of domestic communism and inau- Amendment’s protection of accused Stating that she was willing to answer gurated an era of anxiety and political criminals. However, others believed questions about herself, but not anyone conformity. that the only people whose liberties were else, Hellman sought to cut a deal with Hellman faced a conundrum that con- endangered were those whose ideas or the chairman: fronted many others in this era. During activities threatened the security of the testimony, she could “name names,” that very government that guaranteed their I am prepared to waive the privi- is, give HUAC the names of friends and liberty. lege against self-incrimination associates who may have had connections Lillian Hellman’s letter can help stu- and to tell you everything you to the Communist Party, thereby tarring dents understand how the atmosphere wish to know about my views their reputations and possibly subject- of fear and suspicion during the Red or actions if your committee ing them to congressional subpoenas as Scare endangered the rights guaranteed will agree to refrain from asking well. She could answer questions dur- to all Americans by the Bill of Rights.

Social Education 316 November/December 2016 317 Social Education 318 It can also help them understand the Communist Party?” writers recognized that the country had why the founders included the Fifth Ten of those called to testify refused chosen to sacrifice free speech in the Amendment’s protection against self- to answer this question, citing their First interest of national security, and no one incrimination in the Bill of Rights. Amendment rights to free speech and attempted to repeat the First Amendment association. Instead, they aggressively defense used by the Hollywood Ten. The Hollywood Investigation challenged the committee’s right to ask Instead, those who refused to testify The motion picture industry was the it. Angered by their refusal to cooper- cited their Fifth Amendment constitu- subject of HUAC’s first major post-war ate, Chairman Thomas threw them out tional right to not implicate themselves investigation. The presence of “Reds” of the hearing. The Hollywood Ten, as and were so dubbed “Fifth Amendment anywhere in society was intolerable to they became known, were cited and con- communists.” To the committee, they the members of HUAC, but communists victed for contempt of Congress for their were as “Red” as those who confessed. in Hollywood were especially menac- refusal to testify. After unsuccessful court ing because they were in a position to appeals, all ten served prison sentences incorporate communist propaganda into of six to twelve months.2 movies with nationwide or even global Despite some public support for the Fifth Amendment, distribution. principled stand on free speech taken U.S. Constitution In a report submitted to the House of by the Hollywood Ten, many people No person shall be held to answer Representatives on June 6, 1947, HUAC objected to their truculent attitudes and for a capital, or otherwise infamous charged that communists in Hollywood disdain for the committee, and press cov- crime, unless on a presentment or were controlling the content of movies: erage was unsympathetic. Soon after the indictment of a Grand Jury, except “Communist screen writers, directors, hearings, about 50 executives from the in cases arising in the land or naval and producers have employed subtle motion picture industry gathered over forces, or in the Militia, when in techniques in pictures, in glorifying the their concern that the uproar would hurt actual service in time of War or Communist system and degrading our the industry’s public image and have a public danger; nor shall any person own system of government and institu- negative impact on box office sales. In a be subject for the same offence tions.” The report also accused com- statement released to the press, the exec- to be twice put in jeopardy of life munists of “preventing certain good utives announced that they had come to or limb; nor shall be compelled in American pictures, which sought to glo- an agreement to fire the Ten because they any criminal case to be a witness rify America and the American system, had “impaired their usefulness to the against himself, nor be deprived from being produced.”1 Convinced that industry.”3 Thus the Hollywood black- of life, liberty, or property, without these “un-American” activities must be list was born. Over the next decade, this due process of law; nor shall pri- exposed and halted, HUAC subpoe- list of persons who were suspected of vate property be taken for public naed dozens of people from the movie disloyalty to the United States govern- use, without just compensation. industry to testify to the committee in ment would grow to hundreds of names. October 1947. Those on it found that work in the These hearings featured several of the motion picture industry was no longer Pleading the Fifth investigative procedures that would be available to them. Evidence suggests that The Fifth Amendment has five clauses exploited by HUAC, the Senate Internal approximately 80 percent of the commit- generally aimed to provide legal pro- Security Subcommittee (SISS), and tee’s unfriendly witnesses lost their jobs.4 tections to persons accused of crimes. Senator Joseph McCarthy over the next The committee’s attention turned One clause, referred to as the Self decade. Chairman J. Parnell Thomas back to the movies in 1951-1952. The Incrimination clause, says, “No person asked leading questions, allowed Hollywood Ten had all been members … shall be compelled in any criminal case friendly witnesses to “name names” of of the Communist Party, but in the sec- to be a witness against himself.” It means alleged communists without presenting ond round of Hollywood hearings the that a person accused of a crime can proof, and indulged in rumors for the committee did not limit itself to ques- refuse to answer questions from police record. Unfriendly witnesses were con- tioning only card-carrying members. during arrest or can refuse to testify at fronted with unsubstantiated “evidence” Ex-Communists and communist sym- a criminal trial or before a legislative of communist affiliations, asked probing pathizers (often called “fellow travelers” committee. questions regarding their political activi- or “pinkos”) were called upon to name This clause was included to prevent ties, and assumed to be guilty by associa- names of others they knew to be or sus- the government from forcing a person to tion. The witnesses were asked “Are you pected of being communists. confess to a crime, as this was sometimes now or have you ever been a member of By this time the actors and screen- done by using coercion or torture. To

November/December 2016 319 ensure that people could exercise this period of the Second Red Scare. Briefly Document Citation: right, in Miranda v. Arizona (1966) the share details with the students about the Letter to the House Un-American Supreme Court required that persons congressional investigation process. Activities Committee (HUAC) from placed in police custody be informed of Lillian Hellman regarding testimony, their Fifth Amendment right to remain Document Analysis: May 19, 1952; Investigative name files, silent. In small groups of 2-3, ask students to series 1, House Un-American Activities Those who “pled the Fifth” to HUAC focus on the remaining passages within Committee; Records of the United States managed to stay out of jail, but at what the letter. Direct students to collabora- House of Representatives, Record price? Most were blacklisted, and tively identify Ms. Hellman’s rationale or Group 233; National Archives Building, couldn’t find work for years or even arguments for choosing not to invoke her Washington, DC. decades. When HUAC refused the deal Fifth Amendment privilege against self- Hellman offered in her letter to the com- incrimination as well as her arguments Notes mittee, she followed through with her for invoking her Fifth Amendment right. 1. U.S. House Representative J. Parnell Thomas exten- sion of remarks on communist influences in the pledge to plead the Fifth. Hellman was Instruct them to record their answers. motion-picture industry. Congressional Record. subsequently blacklisted for refusing to 80th Congress, 1st session, 1947, vol. 93, part 11 (6 June 1947): A2688. testify, even though her open letter to the Discussion: 2. William K. Klingaman, Encyclopedia of the committee did engender some positive Come together as a full class once more McCarthy Era (New York: Facts on File, Inc, 1996), media coverage for her principled stand. to discuss the implications of the Fifth 186. 3. Quoted in Walter Goodman, The Committee: The HUAC’s hearings put many people Amendment. Ask students to consider Extraordinary Career of the House Committee on like Hellman in a challenging situation the following questions: Un-American Activities (New York: Farrar, Straus, and Giraux, 1968), 218. This document became with no good options. Hellman tried to known as the Waldorf Statement. protect her reputation by using this let- • Some people consider that invoking 4. Ellen Schrecker, The Age of McCarthyism: A Brief ter to assert her innocence directly to the Fifth Amendment is equivalent History with Documents, 2nd Ed. (New York: Palgrave, 2002), 87. the public, and painting herself as being to admitting guilt. How can invok- cornered into using the Fifth to protect ing the Fifth Amendment be seen References her friends and family, not herself. She both as an admission of guilt and a 1. Guide to Congress. 5th Ed. Washington, D.C.: CQ Press, 2000. did not serve time in jail, but she lost her protection of freedoms? 2. Journal of the U.S. House of Representatives, 79th livelihood as a playwright. • Why did the First Congress codify Congress, 1st session. this right within the Bill of Rights? 3. Inventory of Records of the House Un-American Activities Committee, Record Group 233, Records Classroom Activity Why was it so important to them of the U.S. House of Representatives, 1995. A classroom activity can help students and why does it continue to have analyze Ms. Hellman’s arguments both significance today? for and against invoking her Fifth • If subpoenaed as Ms. Hellman was, Amendment privilege against self- what would you do? Would you incrimination and come to a determina- testify against yourself and your tion as to why such a right exists within family, friends, coworkers, or class- Christine Blackerby is the co-curator of the the U.S. Constitution. Students will also mates? new exhibit Amending America at the National look at the context of the letter to discuss This activity is available on Archives Building in Washington, D.C. She is an Edu- cation and Public Outreach Specialist at the Center the history of anti-communistic black- DocsTeach.org, the National Archives for Legislative Archives in the National Archives. She listing in the 1940s and 1950s. lesson plan website for educators. See can be reached at [email protected]. The www.docsteach.org/activities/student/ classroom activities were created by Emily Worland, a former intern at the Center. Kimberlee Ried Introduction: analyzing-the-5th-amendment-right- served as editor on this article and is the Public Pro- Begin this activity in a full-class set- against-selfincrimination grams Specialist at the National Archives in Kansas ting to discuss the first portion of the City. She can be reached at [email protected]. document—the date of the letter, May Document 19, 1952, the House Committee on The Hellman letter is part of the Un-American Activities, and the line “I “Amending America” exhibit in Join Christine Blackerby at NCSS in D.C. for a con- am under subpoena to appear.” Ask stu- the National Archives Building in ference session about the National Archives app “Congress Creates the Bill of Rights” and our related dents to determine the historical context Washington, D.C. The exhibit will be distance learning programs. The session is on Saturday, of the letter and the significance of a sub- open until September 4, 2017. For more December 3, at 5:00 pm in Room 203B of the Walter poena before a House committee. Lead information, see www.archives.gov/ E. Washington Convention Center. students to place the letter in the time amending-america/.

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