Right most valued by civilized man, The

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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 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 establishedfull scale loyalty pro gram for employees of the federal government Investigations made pursuant to this order were to take the form in the first instance ofcheck against the files of the Civil Service Commission theB and the mili tary 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 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 theseg sabotage espionage treason sedition intentional unauthorized disclosure of confidential documents are obvious indicia In fact they were and are crimes for the commission of which any person can be subject to criminal prosccution 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 wastest filled with ambiguity obviously intended as catch all inviting subjectivity Note the number of terms which defy precise definition Sympathetic association with may be construed to encompass 13 Sce Excc Order 9835 12 Fed Reg 1935 Mar 21 1947 Digital image 2008 University of Utah All rights reserved