Cass R. Sunstein, The Enduring Relevance of Alger Hiss vs. Whittaker Chambers, SSRN (Jan. 6, 2026).
Abstract: The Hiss-Chambers saga stemmed from a stunning accusation, by Whittaker Chambers, that Alger Hiss, a law clerk to Oliver Wendell Holmes, Jr., and a golden boy of Franklin Delano Roosevelt's New Deal, was a Communist who had engaged in espionage on behalf of the Soviet Union. Initially, Chambers's accusation seemed implausible. But the evidence mounted, and Hiss's firm claims of innocence split the country. The Hiss-Chambers saga helped define, for a long period, the right and the left. In all probability, Chambers told the truth. Still, the Hiss-Chambers saga contains many mysteries, one of which is this: Why did Hiss proclaim his innocence for all of his life? What was in his mind? The Hiss-Chambers saga also casts a bright light on contemporary law and politics. There is no question that the Hiss Case helped to define modern conservatism; Chambers' great book, Witness, is one of its foundations. For decades, many conservatives thought that Hiss's guilt confirmed a large point, or a series of large points, about liberalism, the left, godlessness, disloyalty, otherness, loyalty, and patriotism. One could easily draw a straight line from the right-of-center conception of Alger Hiss, in the 40s, 50s, and 60s, to widespread views about enemies-on-the-left today.