Interesting. I don't know much about sedition law, but it is widely understood that, despite the fact that it was never tested in court, part of the Alien and Sedition Act of 1798 was unconstitutional because it outlawed speeches critical of the government. Not sure how to resolve that with the case of Eugene V. Debs v. United States, in which Debs was imprisoned for espionage for encouraging men not to enlist during WWI.
law.umkc.edu
If I have the right statute, the sedition statute referenced in the article you linked isn't exactly obscure, and I wouldn't call it a Civil War era statute. I think they are talking about the Smith Act, which was enacted in 1948, during the Cold War.
>>18 U.S.C. § 2384 - Seditious conspiracy.
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.
(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, Sec. 1, 70 Stat. 623; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)
U.S. Code 18 U.S.C. § 2384
18 U.S.C. § 2385 - Advocating overthrow of Government.
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.
U.S. Code 18 U.S.C. § 2385
(June 25, 1948, ch. 645, 62 Stat. 808; July 24, 1956, ch. 678, Sec. 2, 70 Stat. 623; Pub. L. 87-486, June 19, 1962, 76 Stat. 103; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(N), Sept. 13, 1994, 108 Stat. 2148.)<<
Here's another good one:
>>18 U.S.C. § 2389 - Recruiting for service against United States.
Whoever recruits soldiers or sailors within the United States, or in any place subject to the jurisdiction thereof, to engage in armed hostility against the same; or
Whoever opens within the United States, or in any place subject to the jurisdiction thereof, a recruiting station for the enlistment of such soldiers or sailors to serve in any manner in armed hostility against the United States -
Shall be fined under this title or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 811; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
U.S. Code 18 U.S.C. § 2389<<
BTW, aliens convicted of sedition are subject to deportation. |
