Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2003 The New McCarthyism: Repeating History in the War in Terrorism David Cole Georgetown University Law Center,
[email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/74 38 Harv. C.R.-C.L. L. Rev. 1-30 (2003) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Civil Rights and Discrimination Commons, and the Criminal Law Commons GEORGETOWN LAW Faculty Publications January 2010 The New McCarthyism: Repeating History in the War in Terrorism 38 Harv. C.R.-C.L. L. Rev. 1-30 (2003) David Cole Professor of Law Georgetown University Law Center
[email protected] This paper can be downloaded without charge from: Scholarly Commons: http://scholarship.law.georgetown.edu/facpub/74/ SSRN: http://ssrn.com/abstract=383660 Posted with permission of the author The New McCarthyism: Repeating History in the War on Terrorism David Cole* The idea of progress is a powerful one. In 1958, in the midst of the Cold War, Yale Law Professor Ralph Brown opened his comprehensive study of the federal government's loyalty and security program by claiming that censorship, "a traditional device for curbing dangerous speech .... is worthy of mention chiefly because, in the political sphere, the times have passed it by."' Similarly, as we launch a war on terrorism in response to the horrific attacks of September 11, 2001, scholars, gov- ernment officials, and pundits remind us repeatedly that we have avoided the mistakes of the past: we have not locked up people for merely speaking out against the war, as we did during World War I; we have not interned people based solely on their racial identity, as we did during World War II; and we have not punished people for membership in pro- scribed groups, as we did during the Cold War.