{
 "citation": "14:358",
 "heading": "Subversive activities and communist control law; legislative finding of",
 "doc_id": "78465",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78465",
 "classification": "",
 "enacted_year": "1965",
 "last_amended_year": "1965",
 "penalties": [],
 "referenced_statutes": [
  "14:358"
 ],
 "text": "RS 14:358\n\n\u00a7358. Subversive activities and communist control law; legislative finding of\nfact and declaration of necessity\n\nThere exists a world communist movement, directed by the Union of\nSoviet Socialist Republics and the other communist bloc nations, which has as\nits declared objective, world control. Such world control is to be brought\nabout by aggression, force and violence, and is to be accomplished in large by\ninfiltrating tactics involving the use of fraud, espionage, sabotage, infiltration,\nsubversion, propaganda, terrorism and treachery. The state of Louisiana, as a\nsovereign political entity under the constitution of the United States, and as a\nfunctioning representative State government which is responsible solely to the\npeople of this state under the constitutions of this state and nation, is a most\nprobable and obvious target for those who seek by force, violence and other\nunlawful means to overthrow constitutional government, and is in imminent\ndanger of communist espionage, infiltration, subversion and sabotage. \nCommunist control of a country is characterized by an absolute denial of the\nright of self-government and by the abolition of those personal liberties which\nare cherished and held sacred in the state of Louisiana and in the United States\nof America.\n\nThe direction and control of the world communist movement is vested\nin and exercised by the communist dictatorships of the various communist bloc\nnations which, in furthering the purposes of the world communist movement,\nhave established or caused the establishment of various action organizations\nand \"front\" organizations which are not free and independent, but are sections\nof a world wide communist organization or apparatus and are controlled and\ndirected by and subject to the discipline of the various communist\ndictatorships.\n\nThese communist action organizations and front organizations so\nestablished and utilized in the state of Louisiana, and acting under such\ncontrol, direction and discipline, endeavor to carry out the objectives of the\nworld communist movement by bringing about the overthrow of existing\ngovernments, both national and state, by any available means, including force\nif necessary, and to set up communist totalitarian dictatorships which will be\nsubservient to the world communist movement.\n\nThe agents of the world communist movement who knowingly\nparticipate in the conspiratorial subversive work of the world communist\nmovement, by so doing, in effect repudiate their allegiance and loyalty to the\nstate of Louisiana and in effect transfer their allegiance and loyalty to the\nforeign countries in which is vested the direction and control of the world\ncommunist movement. By clever and ruthless tactics of espionage, sabotage,\ninfiltration, fraud, propaganda and subversion, the agents of the world\ncommunist movement in many instances in some form or manner successfully\nevade existing law. Any action organization or front organization managed,\noperated or controlled by communists, no matter what outward guise, cover,\nor public image it may assume, is in fact an arm, or tool, or agent organization,\nof the world communist movement, and its continued operation is a threat and\na clear and present danger to the state of Louisiana and the citizens of the state\nof Louisiana. The effective regulation of such organizations and the control\nof Communist personalities is in the best interests of the state of Louisiana\nbecause the world communist movement is not a legitimate political effort, but\nis in fact a dangerous criminal conspiracy.\n\nThe world communist movement constitutes a clear and present danger\nto the citizens of the state of Louisiana and is a dangerous enemy of the state\nof Louisiana. This makes it necessary that the Legislature, in order to protect\nthe people of the state, to preserve the sovereignty of the state under the\nconstitutions of the United States and the state of Louisiana, and to guarantee\nto the State a republican form of government, enact appropriate legislation\nrecognizing the existence of the world communist movement and preventing\nit from the accomplishment of its purposes in the state of Louisiana.\n\nThere exists a clear difference between natural persons protected by full\nconstitutional freedoms, and organizations which are artificial entities. With\nthis difference in mind and considering the paramount right and interest of the\nstate to protect itself from subversion, the issue of due process is satisfied in\nR.S. 14:358 through 373 by the legal test of a preponderance of the evidence\nin a civil proceeding, R.S. 14:358 through 373 being intended as regulatory\nrather than punitive. The paramount interest of the state to control a clear and\npresent danger demands the broadest possible venue provisions in such\nregulations. The guarantees of sovereignty and freedom enjoyed by this state\nand its citizens are certain to vanish if the United States and its constitution are\ndestroyed by the communists, and any communist effort or attack against the\nUnited States is and should rightly be considered an attack upon and a clear\nand present danger to the state of Louisiana and its citizens.\n\nThe Legislature of Louisiana does not intend that R.S. 14:358 through\n373 shall in any way regulate or control race relations in the state of Louisiana,\nthe question of race being irrelevant for the purposes of R.S. 14:358 through\n373, which is written and passed solely for the purpose of regulating\nsubversive activities directed against the state and people of Louisiana. \nNothing in R.S. 14:358 through 373 is in any way intended to improperly\ninfringe upon the constitutionally protected right of freedom of expression, for\nthis right, strong though it may be, is not absolute, and falls short of the right\nto shout \"fire\" in a crowded movie theater. The protections afforded by the\nright to freedom of speech do not extend to acts which are by their very nature\na clear and present danger to the state of Louisiana and its citizens and the\ncarrying on of communist propaganda activity and other communist controlled\nactivities in the state of Louisiana is such a danger and is therefore an\nintolerable abuse of the right to freedom of expression which can and should\nbe regulated by statute for the safety of the people of this state. The public\ngood, and the general welfare of the citizens of this state require the immediate\nenactment of this measure.\n\nAmended by Acts 1965, No. 45, \u00a71."
}