July 22, 2000 - Membership in Communist Party can still cost some their jobs FREMONT, Calif. (AP) -- The Cold War is over, but that's hard to tell by looking at one California law that says belonging to the Communist Party could cost public employees their jobs.
The code dates from 1947 and states: "It shall be sufficient cause for the dismissal of any public employee when such public employee advocates or is knowingly a member of the Communist Party." Margaret Crosby, an attorney with the American Civil Liberties Union's Northern California office called the law "unconstitutional."
"The statute books, unfortunately, are full of laws that are unenforceable and unconstitutional," she said. "I think that if anyone took a look at this, it would be taken off the books -- and it should be."
The law still applies to all public service employees in state and local government.
"That's a wild one," said John Weed, president of the board of trustees of Fremont's community college, Ohlone College. Ohlone's board policy and regulations manual lists membership in the Communist Party as grounds for suspension or dismissal.
While the law may be outdated, it probably will not change unless someone challenges it, Crosby said.
"We would be very interested in hearing from anyone who'd been victimized by it," she said.
Twelve members of the Congressional Progressive Caucus are from California.
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That tells me everything I need to know. Could it be that the current climate is giving these commies concern that if we actually began enforcing some of these laws already in existence, that we would be throwing a lot of congressmen and women out of office? It certainly seems to me that having legislators who are members of the socialist party and have clearly communist and Marxist leanings is a conflict of interests and is certainly counterproductive to American ideals.
Interesting that this particular issue is on the table in at least 2 states at this time. I am curious to know if there are other states trying to do something similar.