Arnold & Porter During the Red Scare
In the early 1950s, Washington lawyer Paul Porter found himself confronted in his private club by a fellow member. At the time, Porter’s firm, Arnold, Fortas & Porter, was just a few years old, but it had already gained a reputation in the capital for representing federal employees accused of disloyalty by the Truman administration—often handling as many as 200 cases a year, nearly all on a pro bono basis. This was a daunting commitment that few other law firms were willing to undertake during the height of the Red Scare.
“Paul, I hear your firm is defending communists and homosexuals,” the man said with contempt.
“That’s correct,” Porter replied confidently, then added dryly, “What can I do for you?”
This exchange, or a variation of it, later became part of the firm’s legacy, symbolizing its proactive stance on civil liberties during a time of increasing governmental intrusion into the lives of countless Americans. Rather than shying away from potential backlash, as many in the legal community did for fear of jeopardizing their clients or drawing the ire of Senator Joseph McCarthy, Arnold, Fortas & Porter embraced the challenge.
Founded in 1946 at the onset of the Red Scare—a period characterized by anti-communist hysteria that led to the investigation of millions of Americans based on their beliefs and associations—the firm took a stand for civil liberties amidst a storm of fear and paranoia. While there were genuine concerns about Soviet espionage, the situation quickly devolved into a witch hunt, making the defense of civil rights all the more critical. Arnold, Fortas & Porter emerged as one of the few law firms in Washington willing to take on this mantle.
Today, we find ourselves in a legal community once again grappling with how to navigate a growing crisis amidst confusion and fear. Following the law firm of Paul Weiss’s capitulation to presidential pressure through a series of concessions, many analysts feared that other leading firms—filled with some of the nation’s top legal talent—would follow suit.
However, it’s crucial to acknowledge the distinctions between then and now; Arnold, Fortas & Porter was not contending with an administration intent on punishing its opponents. Still, their story serves as an inspiring reminder of a firm that upheld its principles while many of its contemporaries chose to retreat.
One Response
Thank you for sharing this compelling narrative about Arnold, Fortas & Porter during such a tumultuous period in American history. It’s striking to see how the firm chose to champion civil liberties at a time when many were unwilling to stand against the prevailing tide of fear and suspicion. Paul Porter’s unapologetic response to criticism exemplifies a necessary bravery that seems increasingly relevant today.
As we navigate our current legal and political landscape, it’s essential to reflect on historical examples of principled resistance, especially in the face of government overreach. Arnold, Fortas & Porter reminds us that upholding rights and defending those marginalized or vilified by the state is crucial. The challenges we face today may differ in context, but the fundamental need for lawyers and legal institutions to protect democratic values and individual freedoms remains the same.
In light of this history, it’s crucial for legal professionals to consider their role and responsibilities in defending civil liberties, particularly as pressures mount in today’s climate. The lessons from the past can serve as a guide for our present and future actions. How can we ensure that we uphold these principles now, in the face of potential repercussions? The legacy of Arnold, Fortas & Porter could inspire a renewed commitment to justice in our current circumstances.