Recent national and local news headlines are warnings.

        In the era of McCarthyism, when the nation's fear of Communism compelled Americans to spy on Americans, it was not a rare thing for a person to be questioned at a public inquiry or trial about his or her loyalties.

        During the early '50s, well-known authors, actors and business people were compelled to testify about their political leanings. The most crucial questions they faced were about their friends and associates and their activities.

        By naming names, the accused could avoid punishment. Others who turned informant were hailed as patriots.

        But for those who were turned in, the nightmare inquiry would begin and so would the threat of imprisonment.

        We're not in the 1950s. But the beginnings of inquiries, the suspicions about conspiracies, are just around the corner for our nation and Cincinnati.

Suspicious activity

        The fear of terrorism, not of Communism, is behind the Justice Department's plan to launch Operation TIPS, a national program to encourage Americans who work in “public places or areas” to voluntarily report “potentially unusual or suspicious activity” to the FBI.

        By fall, there will be a toll-free number for reporting these tips, which will be funneled to the nearest FBI or Justice Department office.

        Don't worry, Justice officials say; these volunteer spies won't go into people's homes. Just their neighborhoods, workplaces and anywhere else “public.”

        “The last thing we want is for Americans spying on Americans,” assures Tom Ridge, homeland security adviser.

        Now I'm worried.

        Here in Cincinnati, another kind of inquiry is starting that also reminds me of McCarthy inquisitors.

        Locally, the fear is of the boycott continuing to hurt the local economy.

        The would-be inquisitors: lawyers for the Cincinnati Arts Association, the nonprofit group that runs theater and musical venues downtown. It has been hard hit by the boycott.

        It filed suit in March, seeking up to $500,000 in damages from each of six members of the Coalition for a Just Cincinnati, one of two main boycott groups. The coalition's Artists of Conscience campaign convinced some high-profile black performers to cancel shows here.

Unnamed boycotters

        The lawsuit claims the boycotters interfered with business between the arts association and performers. The lawsuit alleges a civil conspiracy and a boycott within the boycott aimed directly at the arts association.

        If the case goes to trial, lawyers for the arts association may gain the right to compel the six named defendants to identify up to 20 other “John Does” who are unnamed defendants.

        The arts association also wants correspondence or written records of conversations between boycotters and entertainers or their representatives.

        Coalition lawyers argued Monday that this was a violation of the rights to free speech, freedom of assembly and the right for people to “petition their government.” The boycott, lawyers on both sides acknowledged, is a political one.

        Judge Thomas Nurre said he has three choices: He can dismiss the case, allow the case to go forward or decide the case himself, possibly without the need to know the identities of any other defendants. Whatever he rules, he notes, the case is likely to be appealed.

        If the case goes forward and the six are compelled to identify their boycotting brethren, then we all lose, regardless of who wins at trial.

        Echoes of McCarthyism sound again.

        E-mail damos@enquirer.com or phone 768-8395.

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