(As is my custom this time of year, I am taking some time off from writing new posts and instead reposting some old favorites (often edited and updated) for the benefit of those who missed them the first time around or have forgotten them. The POST SCRIPTS will be new. New posts will start again on Monday, January 5, 2009. Today’s post originally appeared in February 2007.)
During the McCarthy-era HUAC hearings, some people who were called up to testify but did not want to inform on their friends and colleagues and name names, refused to answer questions using the Fifth Amendment, which says that people cannot be forced to give evidence that might incriminate themselves. While this was effective in avoiding punishment, others felt that this was a somewhat cowardly way out. The Hollywood Ten, including Dalton Trumbo, decided to use a more principled but risky strategy and that was to invoke the freedom of assembly clause of the First Amendment that says that people have a right to peaceably associate with those whom they please and thus do not have to say who their friends and associates are or otherwise inform on them.
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