||14 TWENTY-THIRD ANNUAL REYNOLDS LECTURE Although these and comparable measures created considerable concern at the time, their major contemporary significance is that they were a prelude to the events of the post-World War II period. If any single date marks the turning point, it is probably March 21, 1947. On that day was promulgated an executive order which established a full scale loyalty program for employees of the federal government.13 Investigations made pursuant to this order were to take the form, in the first instance, of a check against the files of the Civil Service Commission, the F.B.I., and the military and naval intelligence services. Reference was also to be had to the "files of any other appropriate government investigative or intelligence agency" and to the records of the House Committee on Un-American Activities. The order further provided that investigators should seek data from "local law-enforcement files at the place of residence and employment of the applicant," schools and colleges attended by the applicant, former employers, references given by the applicant, and any other appropriate source. If derogatory information was uncovered by reference to these sources, the Executive Order called for a "full field investigation" of the employee. While the term "loyalty" was not defined, the order provided several guides which could be considered in determining disloyalty. Most of these â€" e.g., sabotage, espionage, treason, sedition, intentional unauthorized disclosure of confidential documents â€" are obvious indicia. In fact, they were and are crimes for the commission of which any person can be subject to criminal prosecution. Less satisfactory because less definite were two other criteria: namely, "advocacy of revolution or force or violence to alter the constitutional form of government of the United States" and the performance of duty so "as to serve the interests of another government in preference to the interests of the United States." Whatever may be said as to the wisdom of framing the concept of loyalty in terms of the negative tests listed above, it should be noted that they referred to actions, not to thoughts, opinions, and beliefs. The same cannot, unfortunately, be said about the final guide. This one, destined to be the one most frequently used, provided in part that loyalty boards could consider: membership in, affiliation with, or sympathetic association with any foreign or domestic organization, association, movement, group, or combination of persons designated by the Attorney General as totalitarian, fascist, communist, or subversive. . . . Here was a test filled with ambiguity, obviously intended as a "catchall," inviting subjectivity. Note the number of terms which defy precise definition. "Sympathetic association, with" may be construed to encompass 13. See Exec. Order 9835, 12 Fed. Reg. 1935 (Mar. 21, 1947).