Alaska Rep. Eastman, contending with Red Scare-era disloyalty clause, advances toward trial

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Alaska Rep. Eastman, contending with Red Scare-era disloyalty clause, advances toward trial
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The roots of Alaska’s disloyalty clause come from a Hawaiian dockworkers’ strike in the 1940s. (via AlaskaBeacon)

stated that any constitution for Alaska or Hawaii must contain a disloyalty clause as a condition of statehood. didn’t include the requirement — delegates at the constitutional convention in Fairbanks operated under the belief that the disloyalty clause was required.noted

Goriune Dudukgian is one of Kowalke’s attorneys and said the case isn’t about trying to put Eastman in jail. “No statute provides any guidance or other process for the division to determine a candidate’s loyalty to the government,” state attorneys wrote. In 1951, Communist Party officials convicted under the act appealed to the U.S. Supreme Court, and the justices ruled in favor of the act’s legality.

“Right at the moment where things are starting to thaw, Alaska put this in its constitution,” she said.

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