Transcripts For CSPAN3 Mexicos Anti-Subversion Laws 20160716

It is my pleasure to introduce this afternoons speaker for this seasons final washington history seminar. Director and oxford. He received his doctorate in history from Harvard University and is the author of the war ,hat brought peace to mexico world war ii and the consolidation of postrevolutionary state. Published by the university of new mexico press in 2014. Dr. Jones is timothy had positions at Harvard David Rockefeller Center for that american studies and the office of the historian of the state department where he coedited the Foreign Relations for the United States volumes covering u. S. Policy toward latin america during the next and, ford, and carter administration. Onay he will be speaking crimes against securities of a nation, world war ii, the cold war, and the evolution of mexicos antisubversion laws. Mr. Jones. Jones thank you very much indeed for the introduction of for all of you for being here. Its a pleasure to be back in washington. I did spend a very rewarding few years here in bc after graduate and the state department. So is nice to have a chance to get back. Its a real privilege to be part of the program for the spring washington history seminar series. Its a great lineup that you have had. Looks like a great lineup you i have in the fall so it is an honor for me to be a part of the program. Thanks to roger lewis who among other distinctions as an honorary fellow where im based and has played a big part in encouraging linkages between the college and the washington history seminar program. It is something that he and Margaret Mcmillan our ward and have been encouraging members of college to get involved with and i hope ill be the first of many of my colleagues who will come along and join you. For those of you who might not know much is specifically about saint anthonys, its a graduate college within the university of oxford with a specialization in international various studies and modern International History. So i think i will go back certainly to my colleagues there and report to them what a great opportunity this is. Withinyou have students norway or the u. K. For research you will come around and see us. I should also acknowledge the ofport of the Institute Mexico where i had a fellowship a couple of years ago and did research on this project. I wanted to mention that of thelarly as something Mexico Institute here at the Woodrow Wilson center. I wanted to knowledge the connection there. About will be speaking today is my research into the history of antisubversion legislation that was enforced in andco between the 1940s 1960s. I will be focusing in particular on a specific controversial clause in the federal penal code. Article 145, which outlawed what is called crimes of social dissolution. I will say more over the course of the presentation about what this ominous founding term was supposed to mean. Obviously determine suggestive have a tendency to dissolve the bonds of the fabric of society. Specifically as the spreading of foreign propaganda that might tend to undermine National Security. To give an idea of where this provision sat in the body of mexican criminal law, and i thought i would mention it was in addition to the 1931 federal penal code added in 1941. And mexico as in the United States, the federal systems ordinary crimes are generally tried and state courts, but you have a more spirited class of federal crimes. In this case, social dissolution along with treason, espionage, conspiracy, rebellion, sedition, riots are all under the heading of problems against National Security. This happened throughout mexico as federal crimes and also as ordinary crimes in the Federal District which is mexico city and the sparsely populated federal territories. So that is where this was put in. Before you start to worry that im going on the verge of subjecting you to a technical and arcane presentation into the final points of mexican criminal law, i will step back i think italian about how they came to focus on this topic. And how i think the history of article 145 and the much broader themes and issues in modern mexican history and International History the history of the cold war. My interest in the history of the social dissolution clause arose during the course of my research on the impact of world war ii on the project that resulted in my recently published book on the subject as mentioned in the introduction. In my book i argue that despite the distance between mexico and the battlefront, wartime conditions facilitated the consolidation of the postrevolutionary regime. The crisis atmosphere the early to makellow president successful appeals for national unity. Tapering over many of the factual disputes that had characterized mexican politics over the preceding decades. It served as a justification for an expansion of the powers of the state. So National Conscription is introduced for the first time, literally cant literacy campaigns launched specifically in the name of strengthening National Defense by building a more educated citizenry. Intelligence services are expanded. The effectiveness of some of an undeniable trend toward expansion of state powers. Something i discovered as i worked on the book, i dont plan this is an original discovery, but it was news to me i got me thinking. Was the fact that and i will discuss it later, the social dissolution cause had its origin in 1941, very much as a wartime measure. As a response to the perceived dangers arising from the International Circumstances of that moment. I found this very striking that up to that point i had been familiar with article 145 and the term social dissolution really only insofar as the appeal of the division had been one of the specific demands of the Mexican Student Movement of 1968. I found a very interesting to see how a law that had been justified as a response to the Second World War and as an antifascist measure could survive into an controversially applied primarily against leftist during the cold war. It also striking as i looked the. It but the fact during which article 145 was enforced from 19411971 is appealed, corresponds very closely with what is generally been seen as the heyday of the mexicosof mexican long Ruling Institutional Revolutionary Party or pri as it was known from 1946. I thought that correlation is worth a swing more extensively. Until recently there has been relatively little historical study of mexico after 1940. And mexico, still sometimes referred to as the. Of mexicos contemporary history. Eventsough some of the in question took place up to three quarters of a century ago. The historiography of 20thcentury mexico is focused overwhelmingly on the revolution of 1910 entry three lesser extent immediate price revolutionary decade through the presidency in the 1930s. His nationalization of the oil industry and his Extensive Program of lot land redistribution or sometimes seem to represent the combination of the revolutionary process on the east after 1910. The study of price 1940 mexico is perhaps hindered somewhat for a long time by the limited availability of sources. Thatnk also by the fact until relatively recently, the story of mexico after cardenas was seen to be more Political Science and history. There is a consolidation of the regime that when i talk about is or aroundce by 1940s. Mexican politics into a cheap to have achieved a degree of stability exceeding in many respects that of other latin american countries, giving mexican politics sort of the timeless quality which historians didnt really venture into offering analysis of the post 1940. Because it is deemed to be kind of the contemporary state of affairs in mexico. To the extent that there was a consensus historical and interpretation of mexican politics during this. , it was that mexico under the pri was the perfect dictatorship. The phrase was coined speaking about how mexico had a achieved the state of stability. To maintain the facade of democracy but maintaining a tight grip on the political system of the country. It was seen to be a system with an imperial presence. This was supposed to be particularly true of the. Between roughly the mid1940s and the late 1960s. The era of the mexican miracle, a prolonged. Of rapid and significant Economic Growth and industrialization. That is providing some material basis for the political stability that was said to have markedly. Is seenre, what 19 68 as something of a watershed. There is a sense that the priitimacy of free rule was damaged after the repression of the Student Movement in that year. It led to a further loosening of their grip on power until he fox fox the sunday fox was elected president in the year 2000. In recent years, mexicos poorest 1940 history has received much more attention from scholars. The democratic transition of 2000 and clear its encourage historians to think of the price revolutionary area as a historical. Era. There are no concerns that with someack in power access to of this file seem to be heightening again. Isuch more nuanced picture emerging from this record the party may have been successful in maintaining itself for decades, but in closer expansion it emerges that state Capacity Remains limited in important ways. Colleaguet anthonys has written, it was full of holes like swiss cheese. Role was morepri common than earlier thought. Student movement at the national 1956echnic institute in was a largely forgotten precursor to the Student Movement of 1968 and the violent nature of state repression in the countryside in particular undermines the myth. I think looking at the history cause social dissolution clouds as there is a a lot of scope to learn more about the pri regime, of this era, and looking at this close clause in the penal of theseighlight some themes. One of which i think is very important to the story is the importance of international contest. The importance of the International Conditions framework within which the pri was consolidated and during which it dominated mexico. Have begun to explore this, particularly with reference to mexicos response to the human revolution, looking more closely at the way in which mexicos position of in the International Politics of the cold war and the way in which cold war politics probated National Politics during this time. Held to showl be the history of the social dissolution clause shows how Important International illusions were and providing the justification for the enactment and application of a oppressive measures. Another reason i think this is an important topic, is it gives us a window onto the rule of the court and the judiciary in maintaining pris ruin mexico. The general view is that the party world through client tourism, patronage, and only when necessary through violent repression. I think much less has been written about how the application of the law played a part in the repressive apparatus of post revolutionary state. I think until something to about the degree i level of resistance that there was during this time and sheds light on some of the strength or the weakness of the mexican state and these are topics that are now under debate. On the one hand, obviously serve as a important tool for the regime that allowed it to suppress, but at the same time, the fact that the mexican state had to resort to this clause shows there were important instances of resistance as well. One political scientist, Evelyn Stevens wrote in 1970 who commented on this lot said paradoxical as it may seem, prosecution of suspect underwent article 145 is a confession of weakness on the part of the government. Resort to this law is tantamount to the government that is unable to control the perceived threat right and he of the other means at its command. I think there is something to that. There is a view that when this clause is applied or violent repression is employed, its a and aesort and in and sense acknowledgment to failure. At the same time i think the than that. Cated he bottom line i will get to todays that we see in a sense more than a sense of weakness is a high degree of adaptability on the part of the authoritarian price revolutionary state because it is able to evolve and to adapt to changing international and domestic political conditions. Of theing to the origins social dissolution clause. The introduction of legislation prescribing sanctions for acts of social dissolution took place in the autumn of 1941 as fierce fighting raged in europe and asia. And as expectations are rising, the western hemisphere would be drawn into the Second World War. Mexico is far removed from fighting overseas, and the government formally maintained policy neutrality, they were seem to be coming closer. The administration adopted an increasingly confrontational stance towards the axis and the government also seem to knowledge the dangers posed to Regional Security by showing a greater willingness to cooperate with the United States. At the same time, a small but growing number of mexicans called for a more active role in the world. For example, the german invasion of the soviet union in june, 1941 prompted many local elements of the left to abandon their indifference to the outcome of what they previously considered to be an inch of interimperialist struggle overseas and a call for the fetid measures in support of the antifascist cause. While most mexicans remain ambivalent to the prospect of involvement in the war, the conflict in europe and the far east cafe darkening shadow over mexico any rest of the americas by the following 1941. In theworld and larger popular consciousness and is it mexicos antiaxis dance became more defined, since grew that the country might be viable to act of sabotage into subversion, despite its sensible neutrality. It was in this context that the consideredion revisions on the penal code in 1941. The initiative called adjustment for their cause in the penal code covering espionage in a defined a new class of infraction under the heading crimes of social dissolution. The invasion and subjugation of the country and other continental had been preceded quote by a series of activities of frank social dissolution was directed by aggressor nations. Taking advantage of the Civil Liberties available in democracies, the invaders had carried out activities of propaganda to prepare morally the population or part of it for the loss of their sovereignty. With an object of assuring beforehand has 70 and even cooperation on the part of their own victim. That such an emergency might be considered far off in our country, the president maintained that quote it is useful now when we enjoy full public serenity to foresee any future possibility. Adding that he was acting to out of a desire to convert our sincere purpose of continental defense into concrete thus the rationale offered for entirely onas based circumstances prevailing outside of mexico. The International Situation created by world war ii made it possible for the Mexican Government to craft such a tool for itself. President ial initiatives attracted considerable comments and mexican press. One leading mainstream paper wholeheartedly endorsed a proposal, citing sad experience of norway, netherlands, belgium, bulgaria, romania, greece, and franklin noted reports of subversive activity in south america. To punish him and treason with nine hand to ground the fifth column answer a cradle which it were wish to raise here. The government newspaper dismissed worry and proposed changes might be used against quote those who disagree with the official opinion at a given moment. Indeed the editorial went down unless they were thinking of deliberately exceeding the constitutional limits on freedom of expression to the point of committing the grave crimes of treason that are now being defined, we do not see why some writers on political activist have to worry themselves about the inclusion of these crimes in the penal code. Outlets are more cautious, expressing some concern about the implications of the progress clause and social dissolution. Observing that while the purpose of the initiative is clear enough, the provision was marked by a certain vagueness and lack of precision which could need to the mental mistakes. A gouging the need for measures to protect the country from outside interference at a time of global crisis, the newspaper expressed the hope that legislators would be able to find the formula to conciliate order without public and private liberties. The associations president cisneros said he was colleagues believe the initiative should have been formulated as an emergency measure rather than as a permanent addition to the penal code. Interestingly, the relatively dadesrvative newspaper nove rejected this. Praising the permanent nature of the provision as one of its greatest merits. Noting that other dangers to mexican sovereignty might well arise after the defeat of totalitarianism. Des asked why mexico should not be spread to defend itself against new threats. The newspaper unwittingly foresaw how article 145 would be applied to new purposes during the postwar. General, the lodge and traded no great alarm. Calling for new legal twos meet such on for price by foreign directed conspiracies against the sovereignty of american countries. Had been an issue particularly in countries of the Southern Cone were german and italian immigrant groups were seem to have loyalties to fascist parties in europe. Confidence of the final version for the new people legislation would strike a balance between security and liberty. Even critics of the proposed necessity in as a a dangerous National Environment to build as little resistance in the Mexican Congress for the changer chamber of deputies commissions reviews proposals on the president ial to vacations to be so clear and so obvious that it is hardly necessary to insist upon them. A recommended passage of the bill with only a few small limits. The chambers unanimously byroved the proposed former unanimous vote of 950. Without further discussions, senate followed suit endorsing the proposal unanimously. When the decree appeared spelling out changes of the penal code in the government gazette on november 14, 1941, mexicos new law against active station solution went into effect. What it said was that imprisonment from 26 or should be applied to the four and a Mexican National who in spoken or written form or through whatever it media carries that political propaganda among foreigners are among Mexican Nationals, spreading ideas, programs, or norms of action of any Foreign Government to disturb public order or affect the sovereignty of mexican state. Further definition was expanded upon, public order is disturbed when the acts designated in the previous paragraph 10 to produce rebellion, sedition, riots, or revolts. Sovereignty is affected when setbacks can put in danger the territorial integrity of the republic, instructed functioning of its legitimate institution, or promote a lack of respect on the part of Mexican Nationals for their civic duty. Imprisonment of 60 tenure should be applied to the foreigner or Mexican National who in any form carries out acts of any nature that materially or morally prepare for the invasion of the National Territory or the submission of the country to any Foreign Government. And in the case of foreigners, the president may also apply article 33 of the constitution which was his power to expel foreigners from the country. Provisionxtensive interpreted quite broadly, obviously. Despite the flurry of discussion ,hat surrounded the enactment new legislation attracted relatively all tension during the war years. However in a number of cases, the law was used against critics of government policies. The conservative National Action that complaint in 1942 local officials in the state of durango had jailed a journalist for accessing opposition to mexican involvement in World War Two and for stating mexico is not a true democracy. Members of the state legislature charge that he had endangered national to sovereignty and encourage mexicans not to forget their civic duty. After mexico formally entered world war ii in may 1942, the deputies prevail upon a local judicial authorities to have been taken into custody. Reports surfaced as well that activist for the mexican upon his party, the party that had mounted a strong challenge in the 1940 election or jailed on social dissolution charges for second and five, accusing the administration of selling out to United States in exchange for diplomatic recognition. In one town in the state of mexico outside mexico city, man was convicted under article 145 for writing antigovernment slogans on government buildings. And his defense, he claimed he been very drunk. Greater significance in these isolated local applications of article 145 would be they ministers and filing social dissolution charges in july, 19 80 against leading members of the nationals union. A catholic and anticommunist favor mistrust support in the countryside of west central mexico. The charges came in the wake of an article in the newspaper that encourage soldiers to take up arms and join the resistance to an alleged communist conspiracy. Despite the organizations that illogical affinities with fascism, the government had long tolerated them as a useful counterweight to the far left of mexico, but an open call to the army to take to streets and not be allowed to go unanswered. The federal Attorney Generals Office or use social disillusion laws in conjunction with other measures to extend the operation of the movement. Article 145 was the seized upon as a useful to but the local authorities and the National Government during world war ii. Nonetheless, the law did not become a significant subject of public discussion until the cold war. When it came to use for new purposes. Redefine and to expand the definition of social dissolution extensively and light chains International Circumstances came shortly after the outbreak of the korean war in december, 1950. When president propose a revision of article 145. As interior minister he had overseen the initial formulation of the law clause justified the initiative by referring to a global atmosphere that had sustained itself and i constantly and sell for 24 generations in such a situation the president argued, it was necessary for mexico and other countries to take action steps to guarantee their National Security. You had inteps that mind include increased penalties for social dissolution, sanctions would range from 212 years in prison along with a fine of up to 10,000 pesos. While those preparing for a waiver for an invasion would face jail time of 1020 years. Increasing the range of possible imprisonment from the 26 years to 212 years had an important unstated affect. Under article 399 of the federal code of penal procedure, a suspect being held at a rice to release on bail if the charge carried a term of imprisonment the average term is under five years. Range ofsing the possible imprisonment from two12 years, the government effectively gave itself the right to hold prisoners without charge, without their having the recourse while awaiting trial. The scope of social dissolution would also expand erratically. The crime still defined as the spreading of foreign propaganda to disturb public order or disturb national sovereignty. The penalty for social disillusion would also be applied to those quote induced or insight one or more individuals to commit acts of sabotage or act that tend to weaken the general economy. Which paralyze basic industrial services. It would also punish those who induce individuals to separate the institutional life of the country and those who carried out acts of provocation that disturb public peace and order. Though this initiative to criminalize disruptions of the countrys Economic Life came as he was engaged in a continuing effort to disturb greater control over mexican labor organizations, the president pranges proposal as a response to the unsettled International Situation which was then marked and as conflict in korea her. The Senate Commission that studied initiative chaired by senators and future president s endorsingis logic, the proposal as an effort to make the penal code a more adequate instrument to the fulfillment of the ends of the state. Of theally in terms prevention of dangers derived from the emergency situations that could prevent itself as a reflection of the global crisis. And a singlee dissenting vote, the Senate Approved a proposal on december 20. And the chamber of deputies where opposition legislators were then allowed taken representation, slightly more time is spent considering the measure. As in the senate, a commission the house included that the most elemental critics advises that in this global atmosphere somber and marked by cosan uneasiness, measures be taken that tend to give adequate protection against sabotage, subversion, and espionage and all diplomatic and military activities. To theng said protection industrial establishment has attacked with spring grave weaknesses upon our country. However, in a december 27 debate a the floor of the chamber, deputy object of the initiative is drafted to be used against theirduals because political decisions happen to differ from the norms, criteria, and modes of thinking of the men who applied laws. The supporter of Administration Proposal quickly spoke up in defense of the reform. Raising his argument primarily volatility be on mexican shores. He repeated if it were absolute might have some merit. But the world was in a state of constant anxiety and there existed the imminent possibility of events like could affect not only the rest of the world, but also particularly our mexican republic. Therefore he concluded that he wish to make article 145 more specific in order to send a message to any agitators that might be contemplating subversive intervention and internal mexican affairs. Contention to reform the penal code was intended solely to deter foreign threats which is not entirely convincing. Mexican newspapers noted the initiative is widely seen as a blow against labor leaders radware responsible for a wave of strikes. Prensa city daily la reported that goes against and affects the economy of the country greatly. Apparently in deference to the concerns of labor secretary representative in the congress, the chamber of deputies did remove because referring to ask that tend to weaken the general economy and to paralyze illicitly Public Service are basic industries, clearing the way for the measure to be passed by nearing them 894. The changes and verbiage were inconsequential and that they were on the may to avoid redundancies. Moreover the new clause covering access averted the institutional life of the country still created and ambiguously brought a new set of political crimes punishable by long prison terms. The revised legislation went into effect after the. On january 15, 1951. That was added the ed shall be applied to the Foreign International who induces or insight one or more individuals to carry out acts of sabotage or to subvert the institutional life of the country over carries out acts of disturbingtion with public order or public peace. As the president had justified an extension of the reach of article 145 by referring to the dangerous conditions created by the cold war, many of the targets of the social disillusion law during this. Also saw this provision in an interNational Context. It might seem like a cynical move on the part of the government to say we are taking this step in light of difficult International Conditions, but i think it is telling that critics fought in the same way. These are cartoons from the mexican communist partys newspaper showing demonic eman chopping down trees representing freedom, the right to strike, freedom of the expression, he is wielding and ask of extraordinary powers. He is being egged on by a im not sure how accurate the representation of harry truman that is, but it is harry truman standing behind him pointing the way to war. Guerra. Them on inhe work of the imperialism is the constitution of mexico bound up representing the social dissolution clause is made in the usa. The critics of the law also sought interNational Context. Article 145 in connection with disturbance that resulted when police finally broke up in 1952 political argued, communist leader that the law being used against him was a product of yankee imperialism. That used an alleged communist threat to seek the suppression of the liberties and the aquatic rights and the greatest possible number of countries. An attempt and a path that do to be social disillusion clouds, he asserted a state of worldwide fascist conspiracy that use anticommunism as its rallying cry had something move from berlin to washington at the end of world war ii. Revision of the penal code as part of a global panorama that included mccarthyism in United States, las denunciation of communism, and the overthrow of irans government. And its you, the 1951 changes to the penal code had made a provision that was already flawed much more dangerous. Between 1951 in the early 1960s, the regime made extensive reviews to article 145 against activist, intellectuals, and labor leaders i criticized or resisted the authority of central government. It was used against supporters 1952 and opposition candidate in the 1952 president ial election when they claimed victory after the polls of party great many leaders and activists were rounded up and try to social disillusion and held for a number of weeks. It was used against a group of activists peaking seeking the removal of the government governor of chiapas. That was a bit of a stretch as to when which they were alleged to have under my National Security was by saying on various records that if the governor were not removed, they would seek to have chiapas secede from mexico and rejoin guatemala as it had been during the colonial. Era. Basis of ane indictment. Used against mendoza and the leaders of the student strike leaders of the National Polytechnic institute in 1956. And against the leaders of an important teacher strike in 1958. Socialmously, disillusion charges were brought against the leaders of the Railroad Worker strike of 1958, 59 and against the renowned muralist and leading communist cicada david c catalyst siquiros. They went on to spend a number of years in prison. Increasingly and particularly after these highprofile cases at the end of the 1950s and early 1960s, opposition to the social dissolution clause did arise and become more vocal and more pronounced. Not just his highprofile cases, but also a sort of insurgent idealism on the left among the young in the wake of the cuban revolution and as a 60s were long were on took root around the world, think these forces also had the effect of pushing protests against the calls in mexico. Of cause for the repeal article 145 began to appear with increasing frequently. Ofia outlets are critical the government seized upon the provision as a powerful symbol of what they saw as the arbitrary and repressive nature of the regime. Ueiros, the mirror list, in prison. Ist in prison. A series of poems addressed to him from pablo neruda. Increasingly there are calls for the release of political ueros. Ers like siq the discoverows up of a leftleaning bimonthly magazine in the 1960s in mexico showing then president ial candidate list of ideas who was a conservative figure on the right of the ruling party. They were showing off the fort support he has from the expresident who is responsible for the tightening of the clause and also from the catholic church. Also the club he is wielding is the symbol of what the government uses against to crush dissent. It is unsurprising given the sub symbolic importance of the legislation took on that when a local Student Protest Movement 1968, thehe summer of release of Political Prisoners and the repeal of the social dissolution law were among his principal demand. Various themes from the protest of that year. This biker in particular. Alongside much more a general , fight the land for all for the rights of mexican people. Democracy, yes. Death to tyranny. It mustve general demand for social justice but a very specific demand about this law, which i think says something itut the importance of came to classify. The same dementias is here in this protest. This is interesting, this is the only foreign hand in our movement. Governmention by the ,hat foreign external nonmexican, illegitimate foreign actors had a hand in all these are just in undermining the image of the government and the image of the country. That was what article 145 represented. It was a way of tarring opposition to the government with a brush of being a foreign infiltrator. In an attempt to meet this challenge, the president adjusted demands for the repeal of article 145 in his annual report to Mexican Congress on september 1, 1960. He was a firm added advocate of law and order who played a significant role as a senator, and as an interior Ministry Official in its use during the administration of masaos ma ceo. He invited mexicans to hold public audience. He worked committed himself to the appeal of the law. Congress open a series of public audience is on the subject on september 6 and a wave of commentary in the press followed. Of theices in favor retention of the article were heard, a former prosecutor insisted that the motive that prompted the government of the republic to propagate the lot persists now more greatly than ever. And he argued the mexican stage and maintain the juridical norm to make this possible the defense of its existence. Most of the criminal law experts to offer the commentary advocated the repeal of the clouds, clause. The Mexican Academy of penal scientist came out against the law after many of its prominent theers have weighed in on subject individually, the organization issued a resolution noting the article 145 had been enacted to meet a long pass emergency that other provisions adequately safeguarded National Security and that the clause posed a threat to liberty. Avisher interested party, d siqueros would be pardoned so he could finish a mural. He warned that while the law had been used against communist, it would pose a threat to all mexican. These criticisms do not immediately lead to the repeal of the law, however. With time running out before mexico placed in the 1968 olympics, he abandons the conciliatory stance he had taken by inviting a National Debate on article 145 critically forces opened fire on a rally of the in mexico cityt on october 2, 1968, killing still an unknown number of person. Many more rigell. The bloody incident ended in a hope for the immediate repeal of the provision on social solutions and deepen the divide between the regime and much of the nations youth. In an effort to bridge the divide, the administration did move to eliminate the cause two years later. Calling extraordinary session of congress in july, 1970 two followup on the Movement Towards the repeal of the article 145 that had begun in 1968. Already in a bid to shore up his own claims to revolutionary legitimacy, prepresident ial candidate alvarez had begun the process to adjusting his posture. Social dissolution provisions represented another effort by the ruling party to be connect with a generation that was becoming disillusioned with the authoritarian netsuite of the regime. The proposed reforms to the penal code pass and both houses of Mexican Congress. The chamber of deputies Ready Initiative is was approved by a vote of 1161, the only negative vote came from Carlos Sanchez rdenas, a socialist deputy. He insisted that the repressive spirit of the provision would live on in the new section of the penal code that would was being proposed in its place. Indeed to replace the passages covering social dissolution, new articles to find new crimes, including sabotage and for the first time, and heroism. Calls was sm clause was actually far harsher. Explosives and other violent means against persons, things, or Public Services to produce along, fear, or terror. Or to attempt to undermine the authority of the state or pressure the authorities to make a determination. Terms of domestic and International Conditions that prevailed during the 1970s, this reform that the mexican regime in a better position to meet the challenges that it would confront in the years ahead. Not only to the government removed but widely despised and accredited a measure from the books, it are bits off in the new antiTerrorism Law as the moment on bombings and kidnappings Romney Latin America and the server and Guerrilla Group movement emerged in the wake of the suppression of the 1968 seeing movement. This was telling. As a couple of mexican newspaper headlines, is big news when the social dissolution clause was repealed. But it tells you something, i think, that the atmosphere, the International Commission of the moment. If you look days right around this major piece of news, there is huge, huge preoccupation with terrorism. The tupumaro movement and ordered why had just kidnapped to people. There had just been an oas meeting to tackle the new challenge of terrorism and a call for countries to do more. Mexico became the first country to respond to the oas called to adjust the challenge of terrorism. Again, changing International Situations, and conditions led to the change in mexican people a lot enter a new way of addressing these. This is kind of telling, i think, this is recognized even at the time from the newspaper a cartoon among the sinister. I think theyre meant to represent sort of the kinds of professional agitators who would carry out acts of social dissolution. The newspaper,ng the headline is that there are to be radical reforms to article 145. New crimes of terrorism, sabotage, and kidnapping with penalties of 540 years. I think even at the time there is a recognition that this was in a sense a strategic move to the government to change the legal basis of this penal code. To conclude, i think the story of the law is worth revisiting comment in part because of a number of misconceptions and imprecision in the understanding and popular memory of article 145. As a historian, we like to set those sorts of things straight. Contemporary critics of the time on the left alledge that while the provision had been justified as an antifascist measure, it was never used against the right during world war ii and had only ever been used against communist and leftleaning activist. We have seen that is not actually the case. It was used during world war ii as well against rightwing opponents of the government. Some laterand analysts are not always clear as to what exactly 145 is, sometimes these protesters are articleay referred to 145 of the constitution. Of course it was an article in the penal code. Interestingly, the Student Movement and 68 called not just for the repeal of the article, 145b which isle taking a place in popular memory alongside 145 is some awful, suppressive measure. But it ought actually had nothing to do with article 145 trader with the old article 145 that had been bumped by the new article 145. It basically said that all the crimes in this section are defined as political crimes. Which has a specific meaning in mexican criminal law and in mexican constitution. The Death Penalty cannot be applied for political crime. If yount actually are a repeat offender under a political crime. Actually a protection to the benefit of some a charge for this class of crime that is designated as a political crime. I think it showed people were not necessarily familiar with all of the glory details of what the law was, but it took on this symbolic importance. Key point that because of this Close Association with the 1968 Student Movement because it is one of demands of the movement that this lobby repealed, is often wrongly asserted that protesters who were jailed in connection with the activities and 68 were jailed for social dissolution. Fact, and all the evidence ive been able to sign as the government basically stopped using the law after 1962. People still remained imprisoned under it, but i think they recognized this had become a liability for them. And that using it generated more criticism than actual benefits. Lots of people who were locked up for opposing the government are said to have been locked up for social dissolution when in fact if you look closely, many of them are actually imprisoned on other charges. In fact, when the clause to repeal the 1970, the only two prisoners were released because the law had been repealed. They were the only people being held at the time. That it becamet such an important symbolically is still relevant today. You see especially on the left side of the political spectrum in mexico, youll see reference still to the social dissolution clause and it arises and debate among other things, on contemporary comparison like a solution and mexico when a new provision on International Terrorism. Was enacted about 10 years ago. Concerns were expressed that this resembled the old social dissolution laws. Or in veracruz, which has become journalists dangerous place for journalists who were critters in State Government controversially brought in a public order law that would have criminalized tweeting or the use of social media to spread word about where drug launches happening. This was seen by some state officials of provoking alarm particularly when some of the rumors being circulated turned out to be untrue. Again, the worry among many critics of the government approach was that this is very much like the way the government handled alleged cases of social dissolution. I think its still a live its a term that means something in mexico today, even though it has been off the books for almost 50 years. Just to revisit very quickly a few main point. What i hope ive shown is that International Condition were really important in shaping political discourse in mexico and providing justification for repression that also in framing the way in which ordinary citizens understood what was happening in their countries politics. It was very much in was in National Context interNational Context. It does appear from looking at this law that the courts in mexico where as we suspected, i think, quite a differential, if not subservient branch of government in that respect. President ial power does look very impressive indeed and that theres very little challenge the court to actions of the executive branch. Although there are some cases where charges will eventually be dismissed by the courts or limited protections would be given to people who had been charged with social dissolution. On the whole, the courts uphold detentions on this ground. Often the authorities were not so much interested in obtaining conviction. As they were in keeping trouble from elements locked up into the moment and of danger had passed. That seems to be often the way in which the law was use. I think its one of the reasons again while the strengthening of the penalties turned out to be so important. It enabled the government to do that. Much of the criticism of the law actually centered around in fact penalties were much more severe penalty for acts that tend to produce value if it is branded a social dissolution. Their action much harsher than the actual crime of rebellion at. So theres an obvious imbalance here. Think thisterate, i was an important tool for the regime. It was something that in certain contexts made it stronger. Allowed it to repress effectively. It later on became a liability. But will we see most of all is that the government was able to conditions changing by applying the law, not applying, and eventually by replacing the law. Thank you. [applause] now we will open this up for questions and comments. We have certain rules here at the wilson center. Please wait for the microphone to reach you before you start to speak. These identify yourself and let us know any institutional affiliation that you might have. And use the microphone when you get that so that everyone can hear. Im going to start off with a question if i may. What struck me about the legal story and the political story that you narrate here are the parallels with antiradical legislation in the United States, particularly the fourth largelyth act that had antileft, but also antifascist dimension to it. That remained on the books for many years, that involved the arrest and prosecution and imprisonment of a good number of american radicals eventually ran into trouble with the supreme court. And suddenly the law county deceased. And its aftermath in the 1960s, and onward, not surprisingly the government found many other legal twos to carry out the same thing. So 145 and the smith act, are are their proponents in a communication with one another . To the americans u. S. Example have any impact on what the Mexican Government does . Or are these completely parallel, but comparable legislative tools designed to take on comparable and parallel political challenges . Excellent question. Have seen very little to indicate that the Mexican Government was just looking to the United States for models. Of how to approach the challenge. Although obviously it is a challenge that both governments are thinking about at this time. What was striking to me, was how much there seems to be more of a latin american to the criminologist of latin america are in thinking about these issues in the 1940s in late 1930s context. Then during the cold war, if you look to the mexican law textbooks and things that are commenting on this clause, they what they look for is a draw parallels really find them to similar sorts of provisions and other latin american law codes. I think mexico is one of the first of the latin american countries to produce the sort of thing. They were later followed by other latin american countries. That is sort of what the mexican legal scholars were conscious of. It is a good question. But i have not found indications that the u. S. Example was what mexicans were looking to. Whether there was committed gay should about how the issue is being approached. Communication about how the issue was being approached. Attempting to push you are . The social dissolution article was adopted in 1941. A year before that there was a famous assassination of leon trotsky whose presence in mexico for such a long time may have, and his subsequent murder, which was a famous conspiracy among causes, withrent havehave would that substantially contributed to convincing or persuading 145 should that happen . Was this part of the Historical Context . Good question. Parenthetically, as you realize one of the conspirators involved in the effort to assassinate trotsky was a stalinist communist in mexico. He was involved in some of those machinations your much later he is jailed under this law. Course, then trotsky was welcomed to mexico by the government. I suppose you could say that was part of the context in which the Mexican Government was outraged by the moscowdirected effort to get trotsky. Is,ink, at the outset it they are thinking much more about fascists, potential subversive activity. They are thinking more about the spanish civil war. They were synthetic to the republican cause in spain. The fullterm, the fifth column, that comes out of the spanish civil war, the republican cause had been undermined by an internal enemy, a fifth column of educators. That is a term that comes up again and again in mexico, concern about a fifth column that we need to confront. I think that example was important to the people who were thinking about this. That the whole episode of their trotskys assassination may have highlighted this world of international intrigue, may have played a part, but the target was not initially communist subversives, but rightwing subversion. Steve lipson, vanderbilt. Were their therts, in contrast to what cartoon was implying, where their efforts by u. S. Officials to encourage either passage of the expansion or prosecution . Related to that is a timing question. There are obviously lots of anticommunist movements in the u. S. In the late 1940s. Whether any social solution prosecution for communism in mexico in the late 1940s, or why did not not become a concern until the korean war in 1950 . Good questions. Research i have found little to suggest that the United States took an active interest in the way in which this law was or was not used or was formulated. Despite what the cartoon suggested of this being directed from washington somehow. It is a good question as to why it does not seem to be after 1951 that the government picks up this tool again in the postwar context. Said, they seize upon the korean war as an international justification to take this law backup at this time. There is no word they could not have used it. It was a permanent measure. It was there. It does not seem to have been used until after. I should say, too, just to be ther, i have highlighted and somerofile cases of the local applications that i have come across. It is difficult to get at the extent to which this law may have been used at the local level in different disputes. There is no central repository of the number of times the law was invoked at Different Levels of authority. Have a good answer as to why they do not take it up in significant ways in the late 1940s. It seems to be in the early 1950s is when they take it up. If you look at mexico in the cold war, in terms of the way mexico response to the cuban revolution or nicaraguan revolution, mexico often has an interest in minimizing the relevance of eastwest tensions. They do not want to get caught between moscow and washington. ,hen castro triumphs in cuba mexico takes the view that this is another latin American Country following progressive reform footprints of the mexican revolution. People are fighting against poverty and oppression the way we did. It becomes an increasingly difficult line to all. They want to avoid having to choose between buckling under the United States, because it is important work Mexican Nationalist perspective to demonstrate independence in foreign policy. Mexico never did break medically with cuba. They are the only latin American Country to do that. What is interesting about the social dissolution clause is that in those cases where it is brought in, in contrast to the foreignpolicy questions, the Mexican Government cap relates that it is advantageous to frame something as a cold war, anticommunist measurement. Dont worry about communism in mexico or latin america as we have everything under control. In these cases, occasionally, and part of it is they do want to signal to washington that when these situations arise, weekend take care of it. It is a roundabout way of pointing touching on some of the points you raise. It is only in certain occasions that they want to frame things that they are being anticommunist. Francisco from the rose well institute. I have had concerns about the freedom of the press in mexico historically and today. I wonder how this Legal Framework this legal thinking intersects with freedom of the call and the ability to out those in power, whether you are a journalist or activist. Concept ofe defamation and the criminalization of defamation 145 and thethese like. Good question. The Mexican Government throughout this period had a variety of tools and ways of handling the press. Some of these still apply in terms of government advertising which is very important to the survival of a lot of media in mexico. That gives the government certain amount of leverage. The government was not terribly subtle about making payments to journalists to encourage capable coverage. Favorable coverage. Wartime, thehe government had a lot to say about how disparate is allocated. There was the question of rationing. That gave them a lot of control over what the press said. Andng like this, if those sorts of steps were sufficient to keep most of the National Newspapers pretty well in line. You would get some range of views expressed. I mentioned examples of the different editorial positions that were taken by different papers. It would be that one must knowledge that all those positions are influenced in some way by a need or desire to stay in the good graces of the government. I think there is a consensus press in mexico had historically, and maybe still today, has more leeway to be critical. The government is not paying quite as much attention to what they are saying. Today, say, particularly is those journalists and newspapers are also more andrable and vulnerable more exposed in terms of intimidation and in danger in the reporting that they do. On the fringes, if you have more radical publications that really do want to take an independent line to be critical of the government. Those can run up against a provision of this. Politicathe cover of which does not have a very flattering cover. There were cases, and i mentioned one where someone circulationsmall publication called rebellion. He gets thrown in jail on social dissolution charges. This law exposes those people to this kind of danger. I dont have much on the defamation side. That would be interesting. There is a lot more to say, not just about this clause, but in general how the law and courts mexico inr dont in the state. The not familiar with defamation laws and how they may have been used. Dane kennedy, National History center. Following up from that question in some sense, i suppose. I have two questions. If you cansk you carry this story forward after 1970. Towardsrt is directed what is defined as terrorism and terrorists. To what degree has that been employed . With what consequences, and who has been directed to . And this exposes my ignorance of mexican history, when the ,orrect dictatorship disappears does that make any difference in relationship between government and individuals you are talking about . This is the current state of the penal code. It is still the 1931 penal code that has been revised a lot more times. What happened in 1970 is they consolidated the chapters on crimes against internal security and external security into crimes against security of the nation. And have added terrorism more recently terrorist financing, and they added under the crimes against International Law this new International Terrorism section, which is what i mentioned in that they. Is the subject where social Business Solution was revisited. The concern was raised by some on the left. It is a good question. I have not all it through followed it through to say how often and to what effect the government has used the Terrorism Law in the domestic context. What happened in the 1970s in mexico was there was an uptick. Mexico, the historical consensus view on mexico is it escaped the military repression that the Southern Cone of south america experienced. There was no military regime. There are thought not to be thousands and thousands of people who disappeared. Pink ishave been on her that there was, particularly in were kidnappings and radical reforms through violence. In the countryside, guerrilla movements were active in the mountains and rural areas. There was a bloody campaign of repression by the army. People did disappear and were killed. Was in at least the hundreds if not be thousands. The many thousands. Obviously, those are examples of people not being pursued on the whole through laws against terrorism. They were being pursued in military campaigns that were not widely publicized. And i should look more closely to see if in the cases of urban guerrillas, if in the urban settings you tend to see the law invoked more regularly, where and to what extent terrorism was being used. 1968, for example, were being held on a whole range of charges. Charges thatlew of were available before and after 1970 other than social dissolution that could be used in these cases. They could be rebellion, riots, these sorts of things that were available and were used. Interesting. This caught my attention when i was thinking about these kind of around 2008,ico, 2009. Around the height of some of the violence that characterized the war on drugs. , it in that very violent caught a lot of peoples attention when at one point there was a car bomb that exploded in juarez. This seemed to be an escalation of the kind of violence the country was experiencing. I remember there was debate. Re were oppositions opposition legislators that said this needed to be pursued and prosecuted as an act of terrorism. The government at the time was quite keen on it not being characterized that way, which i thought was an interesting twist. If you look back to when social dissolution seemed to be working most effectively as a tool for the government was when they could invoke it and are people with the brush tar people with the brush of something we would call terrorists something with an evocative motion. , there recent years government has been trying to downplay issues of security, showing that they are tackling the problem and there is no need to worry about the situation. They do not want to worry about terrorism. They do not want to raise these levels of concern. I think, that is not a comprehensive answer to how the administration dealt with this, but i thought this was telling that they were not keen to characterize things in this type of way. I am a fellow at the u. S. Army center military history in d. C. Littletruck at how article 145 actually seemed to be used. I know you mentioned that you showed us only the most hope profile instances. I was wondering if you have even an impressionistic sense of how it was used, and if it was used in some places more often or for what kinds of crimes. Does it cluster around certain kinds of crimes that people were charged with . As i said, it seems it tends to be in urban areas where there is social movements active in urban areas. That is where it may be invoked to deal with these situations. It was also in the context of strikes. The was the perception when law was strengthened in 1951, he was largely thinking about labor leaders and workers who were disrupting the national economy. That seems to be the way it was often used. Student protest movements, labor leaders. Resort whenf a last it is, if not impossible to tamp down the disturbances and strikes by buying off the leaders or coopting them in some way, you may have to get them out of the way. That is important. What happens in a lot of cases is that people were arrested on these charges, and they were held for months or up to a couple of years in some cases, a waiting child. Trial. The all processes would be brought by their attorneys. The judges would largely say the attention order stands until they can be tried. Eventually the charges are be, in somethey may. Ases, they may be acquitted the communist testers who were arrested in 1952 and spent 18 months in jail. He writes a memoir about that experience. He says how they get to make a statement finally when the trial is heard. The papers are presented to the judge. There is not an oral trial in mexico. He awaits word on what the finding of the court is. Know, the given, you next morning or something, he is isled them down, and he given his finding on the case. He is unsolved. He is called into the warden of the present, he and the others are called into the wardens office. He congratulates them and wishes them while and tells them that this is all being done on the express orders of the president. That is why they were up all night typing these findings. Im going to call him and tell him that we have let you go. That speaks to the relationship between executive and judicial branches. It is hard to parse exactly what is going on there. If you looked at the files, you would find judicial authorities came to a finding that he was not guilty. There has been some significant degree of executive direction in terms of what the finding was. These tensions would span president ial terms. They would be locked up by one president and the next president would not be so worried about these people, so he would let them go. It is used as a way to get troublesome elements out of the way for a while and to set an example to discredit these groups by saying they are foreign educators, they are not really patriotic mexicans. Until the for a while atmosphere criticism reaches a Critical Mass and it becomes a discredited way of handling the situation. If i could get another question in quickly. It has to do with the criticism who areaw by those prosecuted or persecuted by it. Would it be surprising that the communists who are arrested in prison would have critiques . You talked about this and showed us graphics to this effect. What, specifically, was the nature of their criticism . What did they say when the law was used against conservatives on those various occasions where catholics were arrested . Group prosecuted under the smith act in the u. S. Were trotskyists. Their critique, on the one hand they invoke Civil Liberties, but some and not for others. What is the ground on which they are size criticized . I do not share some of the comments during the time of initial debate over the law. There are indications in the newspapers that the communist party around that time that are suggesting that they are quite happy about this law because it is being it is a tool to take on fascist educators and some verses. Subversives. They are happy about that. The conservative National Action party at that time makes a tongueincheek statement that says they wish they had it a couple years ago when the communists were agitating. When the situation is flipped during the cold war, it is directed against communists and leftists. They are the most vocal critics. Degreere there is a on both sides of the spectrum that there is a sense that this is illegitimate. Antifascist proposals, and the left is very happy with these. They think these are entirely appropriate. I think it is 30. That means we will have to bring this interesting discussion to an end to bring our final washington history seminar for this spring to an and. End. We hope many of you will join us again in september for our inaugural William Roger lewis lecture honoring the founding cochairman of this seminar. September 12. More of the program forthcoming soon. Let me bring this to an end. Let me thank you for joining us today on cspan and here in the room. And to thank dr. Jones for his inspiring presentation and discussion. Thank you for joining us. Thank you for cosponsoring this particular session, a partnership we hope to continue in future years. [applause] [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. Visit ncicap. Org] [captions Copyright National cable satellite corp. 2016] coming up this weekend on cspan3, a look into organized crime in the south during the 1950s. A final report was issued in 1951 that concluded that organized crime syndicates really did exist. They depended upon the support and cooperation of Public Officials around the country. Author tammy ingram discusses her book, the wickedest city in america. University history professor argues whether the atomic bomb was needed to end the war in the pacific. Former japanese Prime Minister meets with the soviet ambassador in tokyo to discuss the possibility of ending the war. Ambassador writes back to the soviet union saying that the japanese are desperate to end the war