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We, the undersigned, petition the Texas State Legislature to repeal the anti-communist law which is still in effect. We view this law as anti-democratic, highly discriminatory and unconstitutional as well as libelous. The law is as follows:
Title 5, Subtitle A, Chapter 557, Subchapter A. Sedition and Subchapter C. Communism.” Sec. 557.021 reads “DEFINITIONS. In this subchapter: (1) “Communist” means a person who commits an act reasonably calculated to further the overthrow of the government: (A) by force or violence; or (B) by unlawful or unconstitutional means and replace it with a communist government.” Sec. 557.022 reads “RESTRICTIONS. (a) The name of a communist may not be printed on the ballot for any primary or general election in this state or a political subdivision of this state. (b) A person may not hold a nonelected office or position with the state or any political subdivision of this state if: (1) any of the compensation for the office or position comes from public funds of this state or a political subdivision of this state; and (2) the employer or superior of the person has reasonable grounds to believe that the person is a communist.
This law is in direct contradiction with documents from the CPUSA constitution.
Article VI, Section 3 (Rights and Duties of Party Members) asserts:
It shall be the obligation of all party members to struggle for the unity of the working class, against all forms of national oppression, national chauvinism, discrimination and segregation, against all racist ideologies and practices, such as white chauvinism and anti-semitism. It shall be the duty of all party members to fight for the full social, political and economic equality of the African-American, Mexican-American, Puerto Rican, Native American Indians, Asian and Pacific Islanders, other oppressed minorities, immigrants and the foreign born, and to promote the unity of all people as essential to the advancement of their common interests … It shall be the obligation of all party members to struggle against all manifestations of male supremacy and discrimination against women, and to fight for the full social, political and economic equality for women … It shall be the obligation of all party members to struggle against homophobia and all manifestations of discrimination against gays, lesbians, bisexual and trans-gender people, and to fight for their full social and civil rights.
Of course, there is nothing here or anywhere else in the constitution of the CPUSA about “violent overthrow of the government” except under disciplinary procedures.
Under Article VII, Section 2 (Disciplinary Procedures and Appeals), the CPUSA constitution declares:
Subject to the provisions of this article, any member shall be expelled from the party who is a strikebreaker, a provocateur, engaged in espionage, an informer, or who advocates force and violence or terrorism, or who participates in the activities of any group which acts to undermine or overthrow any democratic institutions through which the majority of the American people can express their right to determine their destiny.
The definition of “communist” held by the state of Texas excludes all members of the Communist Party USA.
For this reason we demand that this unreasonable law be repealed right away before the taxpayers of the state of Texas have to foot a very expensive bill in a legal battle which will inevitably overturn this injustice to Texans.
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