Acts of Sedition

self | 10/25/01 | self

[Lurking Libertarian]

Sedition laws are alomst impossible to enforce because of the First Amendment. Seditious speech, even though its ultimate object is a violation of the public peace, does not aim at direct and open violence against the laws or the subversion of the Constitution, and is therefore protected by the courts.

There is a federal sedition law still on the books, 18 U.S.C. section 2384, but it prohibits only a conspiracy to use "force" to overthrow the government, hinder federal law enforcement, or seize government property. Words, without force, are not covered by the statute.

There are two other statutes, not called "sedition," which punish mere speech, but only in limited circumstances. One prohibits advocating the overthrow of the government "by force and violence," 18 U.S.C. section 2385, and the other bans speech directed to members of the armed forces which encourages them to desert, mutiny or disobey orders, 18 U.S.C. section 2387. Both of these statutes have been read narrowly by the courts to avoid criminalizing mere criticism of government policy.

[LaBelleDameSansMerci]

What in the world are you afraid of? Are you worried that the 90% of lemmings rushing to embrace their own destruction under the heading of "Homeland Security" might, by some miracle, be outmanuevered by the tiny, rational minority?

I can't believe the things I'm reading on a so-called conservative site.

The body parts are not being shown because an enflamed populace might, just might, be driven to ask some very disturbing, uncomfortable questions about their government; about the massive expenditures for "national security"; about our global military posture (is the Saudi Royal family safe?? You betcha!!); questions which the newly lovable and cuddly Federal Government will prevent at all costs.

[detsaoT]

The Alien Friends Act expired in 1800, and the Sedition Act expired in 1801. Congress repealed the Naturalization Act, and the Alien Enemies Act was amended. And with that, one of the darkest periods of our Republic ended.

Really? I thought the Sedition Act was on the books well into the 1930's...

:) ttt

[freeeee]

The Sedition Act Of July 14, 1798

SEC. 4: "And be it further enacted, That this act shall continue and be in force until the third day of March, one thousand eight hundred and one, and no longer…"

This from Alien and Sedition Acts

Maybe there were other Sedition Acts in the 1930's. If you know any, I'm curious what they were.

[Non-Sequitur]

They were. And they didn't have the Constitution to protect them.