The Lawsuit which Silenced AWARE
and Ended the Hollywood Blacklist

By Abrahim Harb

John Henry Faulk goes straight into his story—the story of hitting a wall and never being able to get around it to succeed in the entertainment industry due to the 1950’s blacklist—and doesn’t waste any time with much background. But who really cares, right? Faulk divulges tidbits about his life throughout the 277 pages, that could be seen as false or sugar coated. But readers slowly see that he is a kind man who will stand up for what is right. He stood up to AWARE, as documented in his book Fear on Trial, with the help of attorney Louis Nizer. The AWARE bulletin erroneously and haphazardly attacked the entertainment industry. These bulletins came out as AWARE saw fit. Without warning or the opportunity to clear the air, the entertainment industry was enraptured by the wrath of AWARE running around Los Angeles claiming these Hollywood stars were spreading a Communist propaganda—viciously destroying the career of many screenwriters, musicians, actors, producers and directors.

Many of the artists testified in front of the House of Un-American Activities Council (HUAC) and moved on to repair a damaged reputation. Faulk walked down the road untaken, without hesitation, but filled with fear, as he endlessly pursued a libel lawsuit. “In April 1957, The Appellate Division unanimously sustained Justice Streit’s decision declaring the AWARE bulletin libelous per se” (32). Faulk candidly recalls the time after and during his hardship, until he found his new calling, to speak about the Blacklist worldwide:
The most punishing aspect of being blacklisted was not economic hardship […] but the painful inability to use one’s creative resources. I would spend frustrating and fruitless hours trying to work on new material […] I began to understand why some artists had capitulated to the other side—traded their integrity to Satan, as it were—in order to get back into their profession (51).
In June 1958, Faulk received two letters in the mail, in identical envelopes. One from Wendell Campbell who had kind words to say about Faulk, in regards to do a radio show. The other was another meant for Robert Leder of Mutual Broadcasting Company, a request for Faulk to use the WOR studio with the rental fee being billed to Wendell. After mistakenly receiving this, Faulk had concrete evidence AWARE and the Blacklist claims were ruining his employability. Even though Faulk was raking in the ratings and profit for WBCS, they listed false reasons for firing him, and Faulk understood why they did so. CBS (and other networks) had to look out for themselves and couldn’t, and wouldn’t, be involved with any blacklisted artists.

In June 1958, Faulk received two letters in the mail, in identical envelopes. One from Wendell Campbell who had kind words to say about Faulk, in regards to do a radio show. The other was another meant for Robert Leder of Mutual Broadcasting Company, a request for Faulk to use the WOR studio with the rental fee being billed to Wendell. After mistakenly receiving this, Faulk had concrete evidence AWARE and the Blacklist claims were ruining his employability. Even though Faulk was raking in the ratings and profit for WBCS, they listed false reasons for firing him, and Faulk understood why they did so. CBS (and other networks) had to look out for themselves and couldn’t, and wouldn’t, be involved with any blacklisted artists.

With that said, on “June 26, 1956, the lawsuit Faulk v. AWARE, Laurence Johnson, and Vincent Hartnett was filed in the New York Supreme Court” (28). He soon found himself more controversial and less employable. Faulk seamlessly includes portions of the transcribed court sessions and weaves in further tidbits of his life story. Faulk pinpoints the libelous actions of AWARE by saying: [AWARE bulletins] were a cleverly constructed piece of work. The way it had positioned my name in sentences with […] phrases like ‘officially designated a communist’s front’ and its skillful mixing of half-truth” in response to the allegations made by the AWARE bulletin calling him a communist (8). The majority of the allegations were based on being in proximity to known communists, such as “A program dated April 25, 1946, named ‘John Faulk’ as a scheduled entertainer (with identified communist Earl Robinson and two non-communists)” dating back ten years (7).

Fear on Trial takes the internalized fear of every entertainer in 1946-1956 and gives it life—this book could easily accompany a lesson plan on the Red Scare. The prologue provides a very short summary of the McCarthy era. I learned much about blacklisting and that era, feeding the belly of the television historian I have become this semester, in addition to rounding off the knowledge of television that will be handy in my line of work as a writer. Faulk tenderly presents the facts and allows the readers to connect the dots, without forcing the reader to side with him.

 “The foreman rose and asked, ‘Can the jury award more damages than the plaintiff’s attorney asked?’ There was complete consternation on the face of everyone in the courtroom” (271). After more than six long years and the development of a new found passion in life, his trial came to an end. AWARE and the blacklist were taken down and no longer held a chokehold on the entertainment industry. On June 28, 1962, the jury returned into the courtroom and awarded Faulk the largest judgment to date at $3.5 million. The debt he incurred was returned to his friends and legal fees left him with a hefty 75,000 dollars. Faulk went on to speak about the Blacklist in various capacities and forums until his death in 1990. AWARE and those associated were told they could continue wreaking havoc, but would be legally libel financially for any erroneous claims that would result, scaring them into hiding.


                                                                  Works Cited
Faulk, John Henry., and Studs Terkel. Fear on Trial. Austin: Univ. of Texas Pr., 1983. Print.