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suspected radicals, even as the city became more crowded with rural migrants. On July 11, Herndon checked on his mail at the Post Office and was arrested by two
Atlanta police detectives. A few days later his hotel room was searched, and Communist Party publications were found. At first, Herndon was charged for being a communist. Then, Herndon was charged with insurrection under a Georgia
234:, a group affiliated with the Communist Party. He was impressed with the Party's campaigning in the South to promote labor reform and interracial cooperation, and its teachings on racial equality and class conflict. He joined the party in 1930. After being arrested several times in Alabama for labor organizing, Herndon was sent to
302:
provided support by reviewing their brief for
Herndon. The prosecutor, John Hudson, wanted the death penalty for Herndon for possessing communist literature, however, Geer and Davis made it known that the literature could be found in the public library. Herndon was sentenced to 18 to 20 years of hard
326:
On April 26, 1937, a narrow five-to-four majority of the United States
Supreme Court ruled in Herndon's favor, striking down Georgia's insurrection statute as unconstitutional, as it violated the First Amendment, which protects individual's right to free speech and the right of assembly. Herndon was
310:
On
December 7, 1935, Herndon's conviction was overturned by the state appeals court and he was released on bail. After the Georgia Supreme Court upheld his original conviction, Herndon went on a national speaking tour in 1936 to promote his case while his defense appealed it to the Supreme Court. He
711:
Victory: Decision of the United States
Supreme Court in the Case of Angelo Herndon, April 1937: Full text of the majority decision setting aside the verdict in the Herndon case, by Justice Roberts; with the dissenting opinion of the minority, by Justice Van Devanter. With an Introduction by Anna
250:
Nearly 1,000 unemployed workers, both black and white, demonstrated at the federal courthouse on June 30, 1932, seeking resumption of relief payments. Officials were alarmed that the protest was biracial, as it crossed the segregated lines of the Jim Crow South. They began to monitor known and
246:
Herndon went to
Atlanta as a labor organizer for the Unemployment Council. His involvement with the Communist Party brought him national prominence after he was arrested in Atlanta, convicted of insurrection, and his case twice reached the US Supreme Court on appeal. He campaigned to organize
200:
rights of free speech and assembly. Herndon became nationally prominent because of his case, and
Southern justice was under review. By the end of the 1940s he left the Communist Party, moved to the Midwest, and lived there quietly.
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in his city, where
African Americans have been a minority. He attended public schools but moved to Kentucky at the age of 14 to work in the mines. By 1930 he was working in Birmingham, Alabama, for the
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working-class blacks and whites to become politically active. He solicited blacks and whites alike for membership in an integrated
Communist Party of Atlanta.
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Herndon with a group of
Communists and sympathizers after his release on bail from the Georgia State Prison. The group includes his brother
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350:. Like Angelo, Milton was a Communist Party member. Milton had sought to use his previous experience as a National Guard while in Spain.
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192:, and provided guidance. Davis later became prominent in leftist circles. Over a five-year period, Herndon's case twice reached the
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But by the end of the 1940s, Herndon left the Party. He moved to the Midwest, where he lived quietly and worked as a salesman.
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In the 1940s, Herndon founded the Negro Publication Society of America, which published the radical African-American newspaper
173:. The prosecution case rested heavily on Herndon's possession of "communist literature", which police found in his hotel room.
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found Herndon guilty at trial on January 18, 1933. Hired by the ILD, his young attorneys were
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Griffiths, Frederick T., "Ralph Ellison, Richard Wright, and the Case of Angelo Herndon,"
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Communist Councilman from Harlem: Autobiographical Notes Written in a Federal Penitentiary
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518:... Whereas Angelo Herndon is sentenced under the law to 18 to 20 years on the chain gang
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greeted as a hero by a crowd of 6,000 well-wishers when he returned by train to
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Courage to Dissent: Atlanta and the Long History of the Civil Rights Movement
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after attempting to organize black and white industrial workers in 1932 in
335:. Several leading Communist Party officials were on hand to welcome him.
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American Left Ephemera Images (Angelo Herndon Photographs and Clippings)
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512:. Joint committee to aid the Herndon defense. p. verso of cover.
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Four Hundred Souls: A Community History of African America, 1619–2019
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Born into a poor family in southwestern Ohio, Angelo Herndon endured
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Reread: A Popular Constitutional History of the Angelo Herndon Case"
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The Bondage of Irrational Fears: Angelo Herndon’s Fight for Freedom
290:, a legal organization affiliated with the Communist Party USA. An
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He was held for nearly six months in jail and was released on
652:, New York: Joint Committee To Aid the Herndon Defense, 1935.
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Encyclopedia of Anti-Revisionism On-Line: Proletarian Cause,
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Defying Dixie: The Radical Roots of Civil Rights, 1919-1950
706:(with others), New York: Workers Library Publishers, 1939.
729:. New York, New York: International Publishers, 1991 .
585:"Angelo Herndon Comes Back from Georgia, August 1937."
477:. Boulder: University Press of Colorado. p. 177.
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475:Carol Weiss King, human rights lawyer, 1895-1952
837:Prisoners and detainees of Georgia (U.S. state)
533:John Hammond Moore. "The Angelo Herndon Case."
700:, New York: Workers Library Publishers, 1937.
8:
715:New York State: International Labor Defense.
697:The Scottsboro Boys: Four Freed! Five to Go!
286:, after his bail of $ 7,000 was paid by the
224:As a youth, Herndon was given a copy of the
704:The Road to Liberation for the Negro People
388:(New York: Oxford University Press, 2011).
270:witness Ruby Bates, and Communist leaders
219:Tennessee Coal, Iron, and Railroad Company
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630:Edward A. Hatfield, "Angelo Herndon Case"
434:. New York: One World. pp. 292–296.
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184:, which hired two young local attorneys,
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158:(May 6, 1913 – December 9, 1997) was an
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773:Angelo Herndon comes back from Georgia
338:On October 13, 1937, Angelo's brother
550:XXXVIII:51 (December 18, 1936), p. 1.
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514:A Petition to Gov. Talmadge, Georgia
165:organizer arrested and convicted of
27:American labor organizer (1913–1997)
690:League of Struggle for Negro Rights
681:"You cannot kill the working class"
420:(2021). "The Great Depression". In
300:International Juridical Association
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822:American prisoners and detainees
812:African-American trade unionists
610:Abraham Lincoln Brigade Archives
139:Hilliard Frank Braxton (brother)
736:. New York: W. W. Norton, 2008.
546:"Angelo Herndon Here Sunday."
1:
60:Eugene Angelo Braxton Herndon
47:
342:was killed fighting for the
176:Herndon was defended by the
143:Bishop Leo Braxton (brother)
817:African-American communists
732:Gilmore, Glenda Elizabeth,
686:International Labor Defense
636:; accessed 18 February 2019
288:International Labor Defense
194:United States Supreme Court
178:International Labor Defense
149:Nathaniel Braxton (brother)
853:
751:(forthcoming January 2025)
669:Let Me Live! a book review
650:The Case of Angelo Herndon
591:September 9, 2005, at the
509:The Case of Angelo Herndon
311:appeared before crowds in
182:Communist Party of America
832:Trade unionists from Ohio
827:People from Wyoming, Ohio
743:35 (Winter 2001): 615–36.
230:by a white worker in the
147:Lizzie Liffridge (sister)
141:Leroy M. Braxon (brother)
39:
634:New Georgia Encyclopedia
506:Herndon, Angelo (1935).
205:Early life and education
145:M. Lola Braxton (sister)
741:African American Review
180:, the legal arm of the
132:Hattie Herndon (mother)
587:, Library of Congress
298:and John H. Geer. The
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156:Angelo Braxton Herndon
384:Brown-Nagin, Tomiko,
365:, among other works.
355:The People's Advocate
321:Kansas City, Missouri
296:Benjamin J. Davis Jr.
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238:in the fall of 1931.
186:Benjamin J. Davis Jr.
130:Paul Herndon (father)
329:Pennsylvania Station
93:Sweet Home, Arkansas
537:32:1 (1971), p. 64.
455:"Black Red Freed",
418:Kelley, Robin D. G.
232:Unemployed Councils
227:Communist Manifesto
402:Courage to Dissent
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253:Reconstruction era
242:Political activism
778:Black Red Freed,
755:Thomas, Kendall,
725:Davis, Benjamin,
471:Ginger, Ann Fagan
348:Spanish Civil War
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171:Atlanta, Georgia
160:African-American
112:Herndon v. Lowry
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85:December 9, 1997
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87:(1997-12-09)
807:1997 deaths
802:1913 births
676:N. Sanders.
657:Let Me Live
548:Plaindealer
344:Republicans
70:May 6, 1913
796:Categories
363:California
305:chain gang
101:Occupation
66:1913-05-06
137:(brother)
127:Relatives
121:Communist
688:and the
644:Writings
632:, 2013,
589:Archived
493:92040157
473:(1993).
428:(eds.).
46:Herndon
692:, 1937.
664:, 1937.
615:7 April
346:in the
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264:Milton
211:racial
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76:, U.S.
712:Damon
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535:Pylon
372:Notes
255:law.
163:labor
780:Time
617:2019
570:U.S.
489:LCCN
479:ISBN
457:Time
436:ISBN
274:and
188:and
82:Died
56:Born
50:1932
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522:...
357:in
331:in
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