1954 Communist Control Act Myth: Can Communists Run for Office?

A Misunderstanding That Won’t Quit

Picture this: someone at a barbecue—or on social media—swears it’s illegal for Communists to run for office, citing a 1954 law. Just yesterday, a friend brought up this exact idea, and they’re not alone. The Communist Control Act of 1954 sounds like it bans Reds from ballots, but it’s been gutted, and Communists can—and do—run legally. This isn’t about cheering communism; it’s about facing facts. Whispers suggest President Trump might invoke this old law to target New York mayoral candidate Zohran Mamdani, even mulling citizenship removal. The Constitution protects every candidate’s right to run, and misunderstanding this could blind us to shifting political tides that might shape our democracy.

The 1954 Law: Tough Talk, No Teeth

The Communist Control Act (50 U.S.C. §§ 841–844), signed in 1954, labeled the Communist Party USA (CPUSA) a “conspiracy to overthrow the government.” It aimed to strip the party of legal rights, like ballot access, and threatened members with up to $10,000 in fines or five years in prison for not registering with the government. On paper, it’s the kind of law that makes people think Communists are barred from politics. But here’s the reality: it’s a hollow shell. Even J. Edgar Hoover opposed it, saying in 1954 congressional hearings it could drive Communists underground. Legal scholars, like those in a 1955 Michigan Law Review, called it vague and ripe for constitutional challenges. By 1968, its registration requirement was repealed, leaving it toothless.  It doesn’t authorize citizenship revocation, despite recent buzz.

Courts Settled It: Communists Can Run

The courts drove the final nails into the CCA’s coffin. In Blawis v. Bolin (1973), a federal judge ruled Arizona couldn’t keep the CPUSA off ballots, protecting their First Amendment rights, due process, and equal protection. This precedent stands in 2025—no law bans Communist candidates. The Supreme Court backed this up in United States v. Robel (1967), striking down restrictions on Communist Party members for violating free association. Yates v. United States (1957) added that only active intent to overthrow the government, not just membership, could be criminalized. The result? Anyone meeting basic candidacy rules—age, residency—can run, Communist or not, regardless of citizenship debates.

Proof on the Ground: Communists on Ballots

The CPUSA has run candidates for decades, legally. In 1950, a CPUSA candidate in California pulled 600,000 votes. In 2021, Steven Estrada ran openly as a Communist for Long Beach city council, earning 8.5% of the vote—no arrests, no bans. Records from 2024 show two CPUSA members have served in Congress, two in state legislatures, and seven in local offices, often on Democratic or third-party tickets. The numbers are small—CPUSA has about 15,000 members, with 2,000–3,000 joining yearly—but their right to run is ironclad.

Why the Myth Matters Now

Cold War fear keeps the gutted 1954 law alive in people’s minds, with X and other social media posts in 2025 still claiming it bans Communists, ignoring the courts. This matters: if we think outdated laws block candidates, we might miss shifts like Mamdani’s 2025 Manhattan win as a democratic socialist. Some, including Trump allies, talk of using the act to strip his citizenship—a naturalized citizen since 2018—citing his politics, but legal experts say it’s a stretch without fraud or treason proof under 8 U.S.C. § 1481. A 2023 study found 20% of Americans misjudge First Amendment protections for fringe groups, risking a tilt toward collectivism if we’re not sharp.

Check the Facts, Protect the Future

This isn’t about fearmongering—it’s about clarity. The Communist Control Act is dead in the water, and Communists can run for office. Check the law yourself on Cornell’s Legal Information Institute (www.law.cornell.edu) or court cases on Oyez.org. The First Amendment protects every candidate’s right to try, whether their ideas are mainstream or extreme. That’s the strength of our system—and the risk. Wecu Media’s here to cut through the noise with facts, so stay tuned for more on what’s shaping our elections.