In grad school back in the 70s I had a brilliant Jesuit prof at Fordham raise the danger of the language in the seditious conspiracy law. It could include anyone from anti war protesters to organized crime and anything in between. The phrase "oppose the authority of the govt of the U.S." is a catchall.
I do not believe the law has been used in my lifetime.It was not used against the Chicago 8, the Berrigan brothers, Code Pink,the Gambino crime family, or any group I know of. It has never been used in the jihadi prosecutions, like the 5 from Buffalo or the recently planned subway bombings by US citizens. To be used now, in this case may be a warning. Today a militia group (not exactly a popular group). Tomorrow the Tea Party itself.
It's like "obscenity" laws. "I know it when I see it..."
In any sane legal system, it has no place.
A real crime involves 3 distinct things.
- A Perp
- A Victim
- Actual Damage Done
Anything else is setting up a system whereby you can be jailed for hurting yourself, mopary, or where the only "victim" is a piece of paper with words written on it.