A Guide to the John Henry Faulk vs. AWARE, Inc., Laurence A. Johnson and Vincent Hartnett Case Records, 1939-1982

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.

Restrictions

Access Restrictions

The collection is open for research use.

Related Material

Administrative Information

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.

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