It is codified law that you can discriminate against communists.
In the United States, discrimination against individuals based on their political beliefs, such as communism, is generally not protected under federal anti-discrimination laws in the same way as race, religion, sex, or other protected classes. However, the legality of such discrimination depends on the context:
1. Employment: Federal laws like Title VII of the Civil Rights Act do not explicitly protect political beliefs. Some states, like California, include "political activities or affiliations" as protected categories under state law, which could cover communism. In most states, private employers can refuse to hire, fire, or otherwise discriminate against someone for their communist beliefs, absent specific state protections. Public sector employees may have some First Amendment protections for political expression, but this is limited if it disrupts workplace functions.
2. Housing and Public Accommodations: Federal housing laws (e.g., Fair Housing Act) don’t cover political beliefs. Landlords or businesses can generally deny service or housing based on political ideology, including communism, unless state or local laws provide broader protections.
3. First Amendment Considerations: The First Amendment protects freedom of speech and association, so individuals can hold and express communist views without government censorship. However, private entities (businesses, individuals) aren’t obligated to accommodate those views. For example, a private organization can exclude communists from membership unless state law prohibits it.
4. Historical Context: During the Cold War, the U.S. government and private entities heavily targeted communists (e.g., McCarthyism, blacklists). While such extreme measures are less common today, political discrimination remains largely permissible in private settings unless explicitly prohibited by state or local law.
5. Exceptions: Some jurisdictions, like Washington, D.C., or certain cities, have laws protecting against discrimination based on political beliefs. Additionally, labor laws may protect employees engaging in concerted activities (e.g., unionizing) that could overlap with communist ideologies.
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