§ 14:358 — Subversive activities and communist control law; legislative finding of

§358. Subversive activities and communist control law; legislative finding of
fact and declaration of necessity
There exists a world communist movement, directed by the Union of
Soviet Socialist Republics and the other communist bloc nations, which has as
its declared objective, world control. Such world control is to be brought
about by aggression, force and violence, and is to be accomplished in large by
infiltrating tactics involving the use of fraud, espionage, sabotage, infiltration,
subversion, propaganda, terrorism and treachery. The state of Louisiana, as a
sovereign political entity under the constitution of the United States, and as a
functioning representative State government which is responsible solely to the
people of this state under the constitutions of this state and nation, is a most
probable and obvious target for those who seek by force, violence and other
unlawful means to overthrow constitutional government, and is in imminent
danger of communist espionage, infiltration, subversion and sabotage.
Communist control of a country is characterized by an absolute denial of the
right of self-government and by the abolition of those personal liberties which
are cherished and held sacred in the state of Louisiana and in the United States
of America.
The direction and control of the world communist movement is vested
in and exercised by the communist dictatorships of the various communist bloc
nations which, in furthering the purposes of the world communist movement,
have established or caused the establishment of various action organizations
and "front" organizations which are not free and independent, but are sections
of a world wide communist organization or apparatus and are controlled and
directed by and subject to the discipline of the various communist
dictatorships.
These communist action organizations and front organizations so
established and utilized in the state of Louisiana, and acting under such
control, direction and discipline, endeavor to carry out the objectives of the
world communist movement by bringing about the overthrow of existing
governments, both national and state, by any available means, including force
if necessary, and to set up communist totalitarian dictatorships which will be
subservient to the world communist movement.
The agents of the world communist movement who knowingly
participate in the conspiratorial subversive work of the world communist
movement, by so doing, in effect repudiate their allegiance and loyalty to the
state of Louisiana and in effect transfer their allegiance and loyalty to the
foreign countries in which is vested the direction and control of the world
communist movement. By clever and ruthless tactics of espionage, sabotage,
infiltration, fraud, propaganda and subversion, the agents of the world
communist movement in many instances in some form or manner successfully
evade existing law. Any action organization or front organization managed,
operated or controlled by communists, no matter what outward guise, cover,
or public image it may assume, is in fact an arm, or tool, or agent organization,
of the world communist movement, and its continued operation is a threat and
a clear and present danger to the state of Louisiana and the citizens of the state
of Louisiana. The effective regulation of such organizations and the control
of Communist personalities is in the best interests of the state of Louisiana
because the world communist movement is not a legitimate political effort, but
is in fact a dangerous criminal conspiracy.
The world communist movement constitutes a clear and present danger
to the citizens of the state of Louisiana and is a dangerous enemy of the state
of Louisiana. This makes it necessary that the Legislature, in order to protect
the people of the state, to preserve the sovereignty of the state under the
constitutions of the United States and the state of Louisiana, and to guarantee
to the State a republican form of government, enact appropriate legislation
recognizing the existence of the world communist movement and preventing
it from the accomplishment of its purposes in the state of Louisiana.
There exists a clear difference between natural persons protected by full
constitutional freedoms, and organizations which are artificial entities. With
this difference in mind and considering the paramount right and interest of the
state to protect itself from subversion, the issue of due process is satisfied in
R.S. 14:358 through 373 by the legal test of a preponderance of the evidence
in a civil proceeding, R.S. 14:358 through 373 being intended as regulatory
rather than punitive. The paramount interest of the state to control a clear and
present danger demands the broadest possible venue provisions in such
regulations. The guarantees of sovereignty and freedom enjoyed by this state
and its citizens are certain to vanish if the United States and its constitution are
destroyed by the communists, and any communist effort or attack against the
United States is and should rightly be considered an attack upon and a clear
and present danger to the state of Louisiana and its citizens.
The Legislature of Louisiana does not intend that R.S. 14:358 through
373 shall in any way regulate or control race relations in the state of Louisiana,
the question of race being irrelevant for the purposes of R.S. 14:358 through
373, which is written and passed solely for the purpose of regulating
subversive activities directed against the state and people of Louisiana.
Nothing in R.S. 14:358 through 373 is in any way intended to improperly
infringe upon the constitutionally protected right of freedom of expression, for
this right, strong though it may be, is not absolute, and falls short of the right
to shout "fire" in a crowded movie theater. The protections afforded by the
right to freedom of speech do not extend to acts which are by their very nature
a clear and present danger to the state of Louisiana and its citizens and the
carrying on of communist propaganda activity and other communist controlled
activities in the state of Louisiana is such a danger and is therefore an
intolerable abuse of the right to freedom of expression which can and should
be regulated by statute for the safety of the people of this state. The public
good, and the general welfare of the citizens of this state require the immediate
enactment of this measure.

Legislative History

Amended by Acts 1965, No. 45, §1.