Here’s the precise, legally grounded definition of sedition, drawn directly from the federal sources.
Sedition is language or conduct intended to incite insurrection against lawful government authority.
Legal scholars describe it as:
“speaking or writing words calculated to excite disaffection against the Constitution… or to incite any person to commit a crime to the disturbance of the peace.”
The United States does not have a standalone crime called “sedition.” Instead, the operative federal crime is seditious conspiracy, defined in 18 U.S.C. § 2384:
Two or more people commit seditious conspiracy if they conspire to do any of the following by force:
Overthrow the U.S. government
Put down or destroy the government
Levy war against the United States
Oppose by force the authority of the United States
Prevent, hinder, or delay by force the execution of any U.S. law
Seize, take, or possess by force any U.S. government property
Penalty: up to 20 years in federal prison.
Under Chapter 115 of Title 18, related crimes include:
Rebellion or insurrection (§ 2383)
Advocating overthrow of government (§ 2385)
Because of strong free‑speech protections, sedition charges require:
Intent,
Agreement, and
Use of force (or planned force).
Mere criticism of government is not sedition.
We will see.