Benjamin J. Davis, born on this day in 1903, was American lawyer and communist who was elected in 1943 to the New York City Council, representing Harlem. Davis was persecuted by the state via the anti-communist Smith and McCarran Acts.

Davis became radicalized through his role as defense attorney in the 1933 trial of Angelo Herndon, a 19-year-old black communist who had been charged “attempting to incite insurrection” because he tried to organize a farm workers’ union.

In 1949, Davis was among a number of communist leaders prosecuted for violating the Smith Act. He was convicted and sentenced to five years in prison. In 1962 Davis was charged with violating the Internal Security Act (also known as the McCarran Act), but died before the case could come to trial.

“Whether one agrees with the Communist Party or not, one must at least know the truth about it. One must not permit his ideas to be shaped by the hysteria which now passes as a ‘crusade against Communism’… For example, the canard that every Communist has his pockets lined with ‘Moscow gold.’ If that were true, one could be sure that there would scarcely be any room in our party for workers. The capitalists, to whom gold is god of the universe, would crowd them out.”

• Benjamin J. Davis

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