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Monday, Sep. 15, 2025

Is there a US law that bans the Communist Party?

Tom Kertscher / Wisconsin Watch, Wisconsin Watch
yes

The Communist Control Act of 1954 bans the Communist Party.

The federal law declares the party “an instrumentality of a conspiracy to overthrow” the U.S. government.

It remains part of the U.S. Code.

The law has rarely been enforced, and Congress has repealed most of its provisions. 

Conservative Wisconsin radio talk show host Joe Giganti, discussing the Sept. 10 assassination of conservative activist Charlie Kirk, urged listeners to tell Congress the law is “a tool that needs to be utilized.”

In June, Republicans urged President Donald Trump to use the law to revoke the citizenship of New York City mayoral candidate Zohran Mamdani, a democratic socialist.

Harvard law professor Mark Tushnet said the law could be enforced, in theory, against the Communist Party or members of any organization determined by a jury to have engaged in certain actions to overthrow the government.

The party remains active.

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