Descriptive Summary
Faulk, John Henry
John Henry Faulk
vs. AWARE, Inc., Laurence A. Johnson and Vincent HartnettCase
Records
1939-1982
741761110
Materials are written in English.
83-009; 87-045
12 ft., 6 in.
Dolph Briscoe Center for American History, The
University of Texas at Austin
The John Henry
Faulk vs. AWARE, Inc., Laurence A Johnson and Vincent Hartnett Case
Records documents the landmark libel suit involving Faulk (b. 1913), a radio and
television personality in the 1950s, and an anticommunist organization that
blacklisted entertainment personalities for allegedly subversive views. Collection,
donated by Faulk's attorney Louis Nizer, consists of materials created by Faulk's
attorneys, court records, trial transcripts, depositions, correspondence, and
printed materials used for research and as trial exhibits.
Historical Note
A native Texan and graduate of the University of Texas at Austin, John Henry Faulk
began a successful career in the entertainment industry as a folklorist and humorist
in 1946, when he joined WCBS in New York City. In 1956, Faulk, an outspoken
supporter of civil liberties, was elected as Second Vice President of the New York
chapter of the American Federation of Television and Radio Artists (AFTRA). A
central plank of Faulk's platform condemned AWARE, Inc., a right-wing organization
that specialized in blacklisting entertainment personalities for alleged
pro-communist views and associations. His staunch opposition drew the wrath of
AWARE, which accused Faulk of consorting with “subversives” and
engaging “un-American activities.” Faulk denied the allegations and
sued for libel against AWARE; it's co-founder and author of the entertainment
publication Red Channels, Vincent W. Hartnett; and
anti-communist activist, Laurence A. Johnson. CBS did not renew Faulk's contract in
1957 from which time until the trial ended in 1962, Faulk could not gain employment
in the entertainment industry.
Legal action began in the Supreme Court of the State and County of New York in late
1956. Justice Saul Streit rendered a decision upholding the validity of Faulk's
charges. AWARE appealed this ruling, but the Appellate Division of the New York
Supreme Court unanimously sustained Judge Streit's decision declaring the AWARE's
accusations libelous.
After a long delay, the trial finally opened on April 23, 1962, in the New York State
Supreme Court, presided over by Justice Abraham Geller. Witnesses for Faulk included
entertainment and news personalities Tony Randall, Myrna Loy, Kim Hunter, David
Susskind, Charles Collingwood, and Gerry Moore. During the trial, Faulk’s attorney
Louis Nizer proved the existence of the blacklist and its detrimental impact to
Faulk's standard of living. The trial ended with Faulk's vindication by a jury award
of $3.5 million, the largest libel award in U.S. legal history at that time. The
defendants' appeals resulted in the reduction of the damages to $500,000. Citing the
First Amendment protection of free speech, the appellants’ attorneys petitioned the
U.S. Supreme Court for a writ of certiorari, but both the petition and appeal for a
rehearing were denied.
Co-defendant Laurence A. Johnson passed away the day the verdict was reached, forcing
the court to appoint a temporary administrator. Faulk eventually settled out of
court with Johnson's estate for $175,000. Co-defendant Vincent Hartnett became
destitute during the trial and appeal proceedings, making it difficult for Faulk to
collect damages. This led to the 1965 suit John Henry Faulk v.
Paul Milton, et al.J, in which Faulk cited the fifteen former members of
the board of directors of AWARE, including Hartnett, as liable for the libel against
Faulk and therefore required to pay the remainder of the award. The Appellate
Division determined the suit failed to demonstrate a cause of action and to meet the
statute of limitations.
Faulk traces the story of the lawsuit in his book Fear on
Trial, originally published in 1963. The University of Texas Press
published a new edition in 1982. In an effort to atone for its complicity in
blacklisting Faulk, CBS aired a dramatized version of Fear on
Trial, starring William Devane and George C. Scott, in 1975. Ironically,
Vincent Hartnett unsuccessfully sued CBS and Faulk for libel over the film's
depiction of him.
Scope and Contents
The John Henry Faulk v. AWARE, Inc., Laurence A. Johnson, and
Vincent Hartnett Case Records, 1939-1982, document the landmark libel
lawsuit regarding the blacklisting of John Henry Faulk during the Red Scare of the
1950s. The collection consists primarily of the legal records created by Faulk's
attorneys Louis Nizer, Paul Martinson, and George Berger during the course of the
trial and appeals proceedings. Additionally, a large portion of non-legal materials
collected by Faulk’s attorneys for informational purposes serve as evidence of the
existence of the blacklist in the entertainment world for the suit.
Arranged into five series, the records trace the progress of the lawsuit, appeals,
and Faulk's autobiographical account of the trial. The Pre-Trial series, 1942-1962,
consists of correspondence, memoranda, and research materials used by the attorneys
in preparation for the trial as well as exhibits from and transcripts of the
plaintiff’s examination before trial of defendants. Documenting the 1962 trial
proceedings, the John Henry Faulk v. AWARE, Inc., Laurence A.
Johnson, and Vincent Hartnett series, 1945-1963, comprises lists, notes,
memoranda, exhibits, photographs, trial transcripts, correspondence, and
supplementary proceedings. The John Henry Faulk v. AWARE,
Inc., Vincent Hartnett, Lois Wangerman, et al.series, 1939-1968, pertains
to the defendants' appeals to the New York State Supreme Court's Appellate Division,
New York Court of Appeals, and U.S. Supreme Court; the settlement with the estate of
Laurence A. Johnson; and John Henry Faulk v. Vincent W.
Hartnett and Doris R. Hartnett. The materials in this series include
newspaper clippings, notes, correspondence, briefs, motions, pleadings, death
certificates, stipulations, and affidavits. John Henry Faulk
v. Paul R. Milton, et al., 1961-1968, composes affidavits, motions,
briefs, stipulations, notes, time records, correspondence, and materials relating to
the debt collection lawsuit Texaco, Inc. v. John Henry
Faulk. Composed of correspondence, printed material, exhibits,
affidavits, and research materials, the Fear on
Trialseries, 1946-1982, pertains to the publication of the novel, its
dramatization by CBS for TV, and the resulting lawsuit against CBS filed by Vincent
Hartnett.
Arrangement
The case records are arranged into five series
- I. Pre-trial
- II. John Henry Faulk v. AWARE, Inc. Laurence A.
Johnson, and Vincent W. Hartnett
- III. John Henry Faulk v. AWARE, Inc., Vincent
Hartnet, and Lois Johnson Wagerman, et al.
- IV. John Henry Faulk v. Paul R. Milton, et
al.
- V. Fear on Trial
Access Restrictions
The collection is open for research use.
Index Terms
Subjects (Persons)
Faulk, John Henry -- Trials, litigation, etc.
Nizer, Louis, 1902-1994 -- Archives.
Johnson, Laurence A.-- Trials, litigation,
etc.
Hartnett, Vincent -- Trials, litigation,
etc.
Subjects (Organizations)
CBS/Broadcast Group (New York, N.Y.)
AWARE, Inc. -- Trials, litigation, etc.
Subjects
Anti-communism -- United States --
1950-1960.
Blacklisting of entertainers -- United
States--History--Sources.
Trials (Libel)--New York (State)--New York.
Places
New York (N.Y.)
Austin (Tex.)
Preferred Citation
John Henry Faulk vs. AWARE, Inc., Laurence A. Johnson and
Vincent HartnettCase Records, 1942-1975, Dolph Briscoe Center for
American History, The University of Texas at Austin.
Related Material
See also the John Henry
Faulk Papers
Processing Information
Basic processing and cataloging of this collection was supported with funds from the
National Historical Publications and Records Commission (NHPRC) for the Briscoe
Center’s “History Revealed: Bringing Collections to Light project,” 2009-2011.
Subsequent processing and revisions made by Mark Firmin, October 2011.
Detailed Description of the Papers
Pre-trial1944-1962
3P236
Correspondence
1956-1962
3P237
Memoranda
1956-1962:
General,
1956-1966
Blacklisting,
1956-1962, undated
Notes,
1959-1962, undated
Press releases,
1956-1962, undated
Research Materials,
1947-1962, undated
Statement taken by Louis Nizer
1956
Literary productions by Vincent Hartnett,
1950-1953, undated
Newspaper clippings,
1953-1958, undated
Reports,
1947-1956, undated
AWARE, Inc. correspondence,
1953-1956, undated
AFTRA resolutions,
1956
Report on investigation of Laurence A. Johnson,
1962
Pleadings,
1956-1962
3P238
Laurence A. Johnson,
1953-1956, 1959, undated
Paul Milton,
1955-1960, undated
3P239
Vincent Hartnett v. John Crosby, New
York Herald Tribune, et al.,
1950-1956:
John Crosby correspondence and printed materials,
1950-1956
Leslie Barrett correspondence and address,
1955
Printed materials,
1951-1956, undated
3P240
American Federation of Television and Radio Artists
(AFTRA),
1953-1961, undated
Exhibits for examination before trial,
1950-1954, undated
Notes on examination before trial,
1950, undated
Vincent Hartnett materials,
1956-1959
Transcript of examination,
1956
3P247
Printed material,
1944-1957:
General,
1951-1952, 1956
General,
1951-1952, 1956
3P250
Committee on Un-American Activities, House of
Representatives,
1944-1957
2.325/V81
Correspondence from anti-communist groups,
1951-1954
Newsletters from anti-communist groups,
1952-1955
Handwritten notes,
[ca. 1956]
3P238
Plaintiff's Examination Before Trial of
Defendants,
1953-1961:
Defendants' objections on Vincent Hartnett's examination
before trial,
1956-1960:
Defendants' notice of examination of plaintiff,
1956
Plaintiff's motion to vacate defendants' notice of
examination before trial,
1956
Plaintiff's motion to strike defenses contained in
defendants' answers to amended complaint,
1956-1957
Plaintiff's motion to dismiss second defenses -
notice of entry,
1957
Plaintiff's first application, re: defendants'
objections on examination of Hartnett,
1958
Stipulations, re: defendants' objections on
examination of Hartnett,
1958
Plaintiff's second application, re: defendants'
objections on examination of Hartnett,
1959
Plaintiff's fourth motion to strike and third
application re: defendants' objections on examination of
Hartnett,
1959
Plaintiff's motion to resettle the order entered
April 1, 1960, to Mr. Justice Nathan of the Supreme Court of
New York,
1960
Defendants' objections of Paul R. Milton's examination
before trial,
1960:
Plaintiff's motion to overrule objections made in
examination of Milton and for prompt examination of
remaining defendant-witnesses,
1960
Plaintiff's motion for an order overruling
defendants' objections to certain questions,
1960
Plaintiff's motion to overrule objections in the
examination of Laurence Johnson,
1956-1961:
Appeal from order granting plaintiff's motion to
strike defenses,
1956
Plaintiff's third application,
1959
Order, re: Johnson,
1961
Plaintiff's motion to strike defenses contained in
amended answers to amended complaint,
1956-1961:
Plaintiff's motion to strike out
defenses,
1956
Plaintiff's motion to dismiss second and fourth
defenses,
1956
Plaintiff's motion to strike defenses contained in
amended answers to amended complaint,
1957
Plaintiff's first motion to strike
answer,
1958
Defendants' motion to terminate and plaintiff's
cross-motion to strike,
1958
Plaintiff's second motion to strike
answer,
1959
Plaintiff's third motion to strike
answer,
1959
Defendants' second motion to terminate,
1959
Motion to restore calendar,
1961
3P240
Outlines of testimonies and depositions,
1947-1960, undated:
Brief outline of important testimony on deposition of
Vincent Hartnett,
1958
References to Johnson in deposition of
Hartnett,
undated
Memoranda re: changes or "corrections" in Hartnett's
testimony,
1960
Related materials re: Faulk's radio shows at WOV and
WCBS,
1947-1958
Outline of deposition of Laurence A.
Johnson,
undated
3P241
Plaintiff's examination before trial of defendants Paul
R. Milton and Laurence A. Johnson,
1942-1962, undated:
Research materials,
1942:
"Action Against the Enemy's Mind," by Paul
Milton,
1942
Anti-blacklist materials,
1947-1962:
Radio Writers Guild,
1952-1953
Philo Higley,
1947-1952
Philo Higley,
1947-1952
Hugh Cronyn/"Comments Concerning Certain Items of
'Derogatory' Information,"
1955
CBS materials,
1952-1962
Exhibits,
1951-1954:
Paul R. Milton,
1951-1955
Laurence A. Johnson,
1952-1954
Subpoenas,
1962
Digest of Paul Milton's deposition,
undated
Plaintiff's examination before trial of defendant Vincent
Hartnett,
1946-1959:
Exhibits,
1946-1959, undated:
Index to exhibits
1959
Exhibits 1-45,
1947-1956, undated
Exhibits 46A-46Z,
1953-1958
Exhibits 46AA-46AAA,
1952-1957, undated
3P242
Exhibits 47-101,
1952-1957, undated
Exhibits 102-160cc,
1946-1959, undated
Exhibits 161-175,
1952-1957
Exhibits 176-217, CQ, and
unidentified,
1949-1958, undated
Transcripts of examination before trial of Vincent W.
Hartnett (incomplete),
1958-1959:
June 5-6, 1958
3P243
June 13-December 2, 1958
3P244
December 4, 1958-November 30, 1959
2.325/V94
Duplicate Copy (incomplete)
John Henry Faulk v. AWARE, Inc. Laurence A.
Johnson and Vincent W. Hartnett,
1955-1963
3P245
Lists,
1962:
Witnesses
1962
Members of jury
1962
Notes,
1955-1962, undated:
"Law notes for trial,"
1958-1962
Notes for trial - George Berger,
May 1955-March 31, 1956, June 20, 1962-June 28, 1962,
undated
Notes on trial - George Berger,
April 23, 1962-May 23, 1962
Notes on trial - George Berger,
May 25, 1962-June 19, 1962, undated
Notes on trial - Paul Martinson,
undated
3P246
Trial memoranda of law,
1962 and undated:
Plaintiff's memoranda of law, #2-#15, #19, #21-#23, #25, and
#28,
undated
Plaintiff and defendants' memoranda of law,
1962, undated
Law notes and memoranda of law not submitted,
undated
Trial Transcripts,
1956-1963:
Transcript of Special and Trial Term XXX,
1960
Assorted trial transcript pages,
1962
2.325/V95
Vol. I through Vol. VII, 1956-1962
1956-1962
2.325/V96
Vol. VII through Vol. XIV,
1962
2.325/V97
Vol. XIV through Vol. XV,
1962
Indices of trial transcript Vol. XVI and Vol.
XVII,
1962
Vol. XV through Vol. XXI,
1962-1963
Assorted trial transcript pages,
1962
2.325/V80
Trial Exhibits,
1945-1962, undated:
Index to exhibits,
1962
Defense exhibits A-Z,
1952-1956
Defense exhibits AA-ZZ,
1948-1956
Defense exhibits AAA-ZZZ,
1946-1962
Defense exhibits AF-DP,
1947-1957
Plaintiff exhibits 1-157,
1945-1962
2.325/V81
Plaintiff exhibits 1-157,
1945-1962
Court exhibits, 1-5,
1962
Unidentified exhibits,
1949-1957, undated
Summary of Evidence, 1962
1962
3S329
Photographs
1951-1956, 1984:
Disc Jockey Awards display, marked defendants' exhibit
F,
undated
Faulk with other radio entertainers, marked plaintiff's
exhibit 8, White Studio photograph,
undated
Faulk in five advertising photographs at a supermarket,
marked plaintiff's exhibit 16,
undated
Faulk receiving a plaque from the Association of Assistant
Principals of New York City,
1951
Faulk being presented by two unidentified men a circular
tablet with an impression of a child's face,
undated
Evening of Fun at Hotel Statler, Ted Burrows
photographer,
1956
The Greater New York Fund's First Brooklyn Report Luncheon at
Hotel St. George, marked defendants' exhibit 20-D, Publicity
Photographers,
1953
Faulk with a representative from the Protestant Welfare
Agencies, Inc., and two children, marked defendants' exhibit
20-G,
undated
Faulk speaking at the Hotel Roosevelt, Al Levine photograph,
undated
Faulk and Patty Painter present a trophy and crown to Roslyn
Simon who was selected Queen of the Navy Depot, official US Navy
photo, part of plaintiff's exhibit 9,
1952
Faulk with Patty Painter, Roslyn Simon, and two other
unidentified trophy winners, official US Navy photo, part of
plaintiff's exhibit 9,
1952
Faulk and unidentified man in front of a WPAT microphone, to
be delivered to the Herald News,
undated
Faulk with two unidentified military men,
undated
Faulk sitting in a US military tank,
undated
Faulk speaking behind a microphone, official US Navy photo,
undated
Faulk on stage with several unidentified men and women,
Asbury Park Photo Service,
1954
Faulk kneeling with a group of children and other
entertainers, defendants exhibit 35-A, White Studio photograph,
undated
Faulk donning a cowboy hat and outfit standing with an
unidentified man and woman,
undated
University of Texas at Austin News and Information Service
press photograph featuring a montage of documents from Faulk v. AWARE, Inc., et al.Case
Records,
1984
3P247
Supplementary Proceedings,
1957-1964:
Examination of AWARE, Inc.,
December 27, 1962
Examination of Vincent Hartnett,
1963
Materials received from AWARE, Inc.,
1957-1961
Correspondence,
May 1962-June 1963
Execution against property of AWARE, Inc.,
1964
John Henry Faulk v. AWARE, Inc., Vincent
Hartnett, Lois Johnson Wangerman, et al.,
1939-1967
3P247
New York Supreme Court, Appellate Division-First
Department,
1939-1965, undated:
Correspondence,
July 1963-April 1964
Correspondence,
July 1963-April 1964
3P248
Law notes,
1958, undated
Memoranda,
1956-1963
Printed materials,
1956-1961
News clippings,
1939-1964
Application for enlargement of time to perfect
appeal,
1963
Notices of appeal and agreement,
1962-1963
Corrections re: Record on appeal,
1963
Motions,
1962-1965:
Memoranda and replies to Respondent's motions to dismiss
appeal,
1962-1963
Appellants' motions to dispense with printing
exhibits,
1963
Appellants' motion to abridge the records,
1963
Notices of motion and cross-motion,
1964
Respondent's motion to vacate stay of
execution,
1965
Assorted affidavits, stipulations, memorandum of law, and
printed material,
1962-1964 and undated
Briefs,
1963-1964, undated:
Respondent's briefs,
undated
Appellants' briefs,
undated
Judgments,
1963-1964
3P249
Settlement with Estate of Laurence A. Johnson,
1954-1964:
Correspondence and memoranda,
1962-1963
Proofs of claim,
1963
Will of Laurence A. Johnson,
1954
Death certificate of Laurence A. Johnson,
1962
Motion of summary judgment,
1963-1964
Computations,
undated
Drafts and memoranda,
1963
Stipulation of settlement,
1963
John Henry Faulk v. Vincent W. Hartnett and
Doris R. Hartnett,
1963-1967, undated:
Correspondence,
1963-1967
Memoranda,
1963, undated
Pleadings,
1963-1967
3P247
New York Court of Appeals,
1964-1967:
Correspondence,
April 1964-January 1967
3P249
Appellants' application for leave to appeal to Court of
Appeals,
1963-1964
Appellants' appeal to Court of Appeals,
1964
Respondent's motion to dismiss appeal for lack of
prosecution,
1964
Brief for defendants - appellants,
undated
Brief for defendants - appellants,
undated
Reply brief for defendants - appellants,
1964
Brief and supplemental appendix for defendants - appellants,
undated
3P250
Appellants' motion for re-argument in Court of
Appeals,
1964
Certiorari proceedings in U. S. Supreme Court,
1965
John Henry Faulk v. Paul R. Milton, et al. in
New York Supreme Court,
1961-1968:
3P250
Affidavits of service of summons and complaint,
1965
Pleadings,
1965
Defendants' motions to dismiss plaintiff's complaint,
1965
Defendants' motion for stay of all proceedings,
1965
Stipulation staying the order of the Supreme Court of the County
of New York,
1965
Defendants' appeal from order denying defendant's motion to
dismiss complaint,
1965-1966
Plaintiff's appeal to Court of Appeals,
1966-1967
Stipulation discontinuing action and satisfaction of
judgment,
1967-1968
Briefs and records on appeal for Faulk v.
Milton, et al.,
1965-1967
3P25l
Correspondence,
1965-1968
Law notes,
1965-1967
Law notes re: Liability of Directors,
undated
Paul Martinson and George Berger's time records,
1961-1967
Texaco, Inc. v. John Henry
Faulk,
1965
Fear on Trial,
1946-1982:
2.325/V81
Correspondence,1963-1965, 1975
Correspondence,
June 1963-October 1965
Correspondence concerning the depiction of Lynne Gordon
Clippings,
1975
Printed material,
1965 and 1975
Vincent C. Hartnett v. CBS, Inc., et
al.,
1946-1982, undated:
CBS legal department documents concerning the production of
Fear on Trial,
1974-1975
CBS legal department correspondence concerning Faulk v. AWARE, Inc. et al.,
1956-1962
Verified complaint,
1976
Exhibits,
1946-1976
Assorted research materials,
1946-1982, undated
Affidavit and amended complaint of John Henry
Faulk,
1956