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The law has rarely been enforced, and Congress has repealed most of its provisions.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

This fact brief is responsive to conversations such as this one.

Sources

• Congress.gov: S.3706 – Communist Control Act of 1954
• Congress.gov: Communist Control Act of 1954 text
• The Independent: Republicans are calling on Trump to revoke Mamdani’s citizenship and deport him
• U.S. Code: 50 USC Chapter 23, Subchapter IV: Communist Control
• Middle Tennessee State University Free Speech Center: Communist Control Act of 1954
• NBC News: What we know about Charlie Kirk's assassination
• Omny.fm: Regular Joe Show – 9/11/25 second excerpt
• Email, Sept. 15, 2025: Mark Tushnet, William Nelson Cromwell Professor of Law, Emeritus, Harvard Law School
• Communist Party USA: CPUSA members add street heat on Wall Street
• People's World: Recent news stories mentioning Communist Party USA

Is there a US law that bans the Communist Party? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.