Inspired by the videos in the diary "The RW's thinly coded call for assassination. Call it what it is, TERRORISM" by MinistryOfTruth and what I have been seeing on the news recently, I decided to take a look at the current and history of sedition laws in the USA.
I was surprised to find only 4 acts involving Sedition, 2 of which are still on the books.
1 The Alien and Sedition Acts of 1798
2 The Sedition Act of 1918
3 The Alien Registration Act or Smith Act of 1940
4 Parts of the US Code passed Jan 8, 2008
The pertinent part of what is now known as The Alien and Sedition Acts of 1798
the Sedition Act, passed on July 14 1798 declared that any treasonable activity, including the publication of "any false, scandalous and malicious writing," was a high misdemeanor, punishable by fine and imprisonment.
Under this law 25 men, mostly editors of Republican newspapers, were arrested and their newspapers forced to shut down. Later opposition to the Alien and Sedition Acts was so great that it was in part responsible for the election of Thomas Jefferson, a Republican, to the presidency in 1800. Jefferson pardoned all those convicted under the Sedition Act, while Congress restored all fines paid with interest.
WWI led to The Sedition Act of 1918, It stated that, "Whoever, when the United States is at war, shall willfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States, or to promote the success of its enemies, or shall willfully make or convey false reports, or false statements, ...or incite insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States."
This led to 2000 prosecutions including that of Socialist Eugene V, Debs. The act was repealed in 1921.
The Alien Registration Act or Smith Act of 1940 makes it illegal to knowingly or willfully advocate, abet, advise or teach the duty, necessity, desirability or propriety of overthrowing the Government of the United States or of any State by force or violence, or for anyone to organize any association which teaches, advises or encourages such an overthrow, or for anyone to become a member of or to affiliate with any such association.
This act was mostly used to prosecute Communists during the House Unamerican Activities Committee era through the 50s. While this act is still on the books it was last used in 1961 when the SCOTUS upheld the conviction, under the membership provision, of Junius Scales. Later in Brandenburg v. Ohio (1969) the Court dismantled the theoretical underpinning of seditious libel when it ruled that even the most extremist political speech, apart from political action, was protected under the First Amendment.
While it is doubtful that the Smith Act or 1940 will be used again, there are some relevant parts of the US Code passed recently. I have included the parts covering Seditious Conspiracy, Advocating Overthrow of
Government and Rebellion or Insurrection
Seditious conspiracy
Title 18, part I, chapter 115, 2384 passed Jan 8, 2008
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
Advocating overthrow of Government
TITLE 18, PART I, CHAPTER 115 , 2385 US Code
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction. If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction. As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.
Rebellion or insurrection
TITLE 18, PART I, CHAPTER 115, 2383 US Code
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
Anyway, those are the rules. Not that this country pays any attention to the rules, as in the International prohibition of any form of torture and unlawful wars of aggression, but at least there are rules. I would hope that at some point reason and civility will be restored but I do not see it coming soon.