church and statecontinued to be reinforced and even expanded. The ACLU was internally divided when it purged Communists from its leadership in 1940, and that ambivalence continued as it decided whether to defend alleged Communists during the late 1940s. Some ACLU leaders were anti-Communist and felt that the ACLU should not defend any victims. Some ACLU leaders felt that Communists were entitled to free speech protections and that the ACLU should defend them. Other ACLU leaders were uncertain about the threat posed by Communists and tried to establish a compromise between the two extremes. This ambivalent state of affairs would last until 1954, when the civil liberties faction prevailed, leading to most anti-Communist leaders' resignations. In 1947, President Truman issued Executive Order 9835, which created the Federal Loyalty Program. This program authorized the Attorney General to create a list of organizations that were deemed to be subversive. Any association with these programs was ground for barring the person from employment. Listed organizations were not notified that they were being considered for the list, nor did they have an opportunity to present counterarguments; nor did the government divulge any factual basis for inclusion in the list. Although ACLU leadership was divided on whether to challenge the Federal Loyalty Program, some challenges were successfully made. Also in 1947, the House Un-American Activities Committee (HUAC) subpoenaed ten Hollywood directors and writers, the Hollywood Ten, intending to ask them to identify Communists, but the witnesses refused to testify. All were imprisoned for contempt of Congress. The ACLU supported several artists' appeals but lost on appeal. The Hollywood establishment panicked after the HUAC hearings and created a blacklist that prohibited anyone with leftist associations from working. The ACLU supported legal challenges to the blocklist, but those challenges failed. The ACLU was more successful with an education effort; the 1952 report The Judges and the Judged, prepared at the ACLU's direction in response to the blocklisting of actress Jean Muir, described the unfair and unethical actions behind the blocklisting process, and it helped gradually turn public opinion against McCarthyism. The federal government took direct aim at the US Communist Party in 1948 when it indicted its top twelve leaders in the Foley Square trial. The case hinged on whether or not mere membership in a totalitarian political party was sufficient to conclude that members advocated the overthrow of the United States government. The ACLU chose not