sedition


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Sedition

A revolt or an incitement to revolt against established authority, usually in the form of Treason or Defamation against government.

Sedition is the crime of revolting or inciting revolt against government. However, because of the broad protection of free speech under the First Amendment, prosecutions for sedition are rare. Nevertheless, sedition remains a crime in the United States under 18 U.S.C.A. § 2384 (2000), a federal statute that punishes seditious conspiracy, and 18 U.S.C.A. § 2385 (2000), which outlaws advocating the overthrow of the federal government by force. Generally, a person may be punished for sedition only when he or she makes statements that create a Clear and Present Danger to rights that the government may lawfully protect (schenck v. united states, 249 U.S. 47, 39 S. Ct. 247, 63 L. Ed. 470 [1919]).

The crime of seditious conspiracy is committed when two or more persons in any state or U.S. territory conspire to levy war against the U.S. government. A person commits the crime of advocating the violent overthrow of the federal government when she willfully advocates or teaches the overthrow of the government by force, publishes material that advocates the overthrow of the government by force, or organizes persons to overthrow the government by force. A person found guilty of seditious conspiracy or advocating the overthrow of the government may be fined and sentenced to up to 20 years in prison. States also maintain laws that punish similar advocacy and conspiracy against the state government.

Governments have made sedition illegal since time immemorial. The precise acts that constitute sedition have varied. In the United States, Congress in the late eighteenth century believed that government should be protected from "false, scandalous and malicious" criticisms. Toward this end, Congress passed the Sedition Act of 1798, which authorized the criminal prosecution of persons who wrote or spoke falsehoods about the government, Congress, the president, or the vice president. The act was to expire with the term of President John Adams.

The Sedition Act failed miserably. Thomas Jefferson opposed the act, and after he was narrowly elected president in 1800, public opposition to the act grew. The act expired in 1801, but not before it was used by President Adams to prosecute numerous public supporters of Jefferson, his challenger in the presidential election of 1800. One writer, Matthew Lyon, a congressman from Vermont, was found guilty of seditious libel for stating, in part, that he would not be the "humble advocate" of the Adams administration when he saw "every consideration of the public welfare swallowed up in a continual grasp for power, in an unbounded thirst for ridiculous pomp, foolish adulation, and selfish avarice" (Lyon's Case, 15 F. Cas. 1183 [D. Vermont 1798] [No. 8646]). Vermont voters reelected Lyon while he was in jail. Jefferson, after winning the election and assuming office, pardoned all persons convicted under the act.

In the 1820s and 1830s, as the movement to abolish Slavery grew in size and force in the South, Southern states began to enact seditious libel laws. Most of these laws were used to prosecute persons critical of slavery, and they were abolished after the Civil War. The federal government was no less defensive; Congress enacted seditious conspiracy laws before the Civil War aimed at persons advocating secession from the United States. These laws were the precursors to the present-day federal seditious conspiracy statutes.

In the late nineteenth century, Congress and the states began to enact new limits on speech, most notably statutes prohibiting Obscenity. At the outset of World War I, Congress passed legislation designed to suppress antiwar speech. The Espionage Act of 1917 (ch. 30, tit. 1, § 3, 40 Stat. 219), as amended by ch. 75, § 1, 40 Stat 553, put a number of pacifists into prison. Socialist leader eugene v. debs was convicted for making an antiwar speech in Canton, Ohio (Debs v. United States, 249 U.S. 211, 39 S. Ct. 252, 63 L. Ed. 566 [1919]). Charles T. Schenck and Elizabeth Baer were convicted for circulating to military recruits a leaflet that advocated opposition to the draft and suggested that the draft violated the Thirteenth Amendment's ban on Involuntary Servitude (Schenck v. United States, 249 U.S. 47, 39 S. Ct. 247, 63 L. Ed. 470 [1919]).

The U.S. Supreme Court did little to protect the right to criticize the government until after 1927. That year, Justice louis d. brandeis wrote an influential concurring opinion in Whitney v. California, 274 U.S. 357, 47 S. Ct. 641, 71 L. Ed. 1095 (1927), that was to guide First Amendment Jurisprudence for years to come. In Whitney the High Court upheld the convictions of political activists for violation of federal anti-syndicalism laws, or laws that prohibit the teaching of crime. In his concurring opinion, Brandeis maintained that even if a person advocates violation of the law, "it is not a justification for denying free speech where the advocacy falls short of incitement and there is nothing to indicate that the advocacy would be immediately acted on." Beginning in the 1930s, the Court became more protective of political free speech rights.

The High Court has protected the speech of racial supremacists and separatists, labor organizers, advocates of racial Integration, and opponents of the draft for the Vietnam War. However, it has refused to declare unconstitutional all sedition statutes and prosecutions. In 1940, to silence radicals and quell Nazi or communist subversion during the burgeoning Second World War, Congress enacted the Smith Act (18 U.S.C.A. §§ 2385, 2387), which outlawed sedition and seditious conspiracy. The Supreme Court upheld the constitutionality of the act in Dennis v. United States, 341 U.S. 494, 71 S. Ct. 857, 95 L. Ed. 1137 (1951).

Sedition prosecutions are extremely rare, but they do occur. Shortly after the 1993 bombing of the World Trade Center in New York City, the federal government prosecuted Sheik Omar Abdel Rahman, a blind Egyptian cleric living in New Jersey, and nine codefendants on charges of seditious conspiracy. Rahman and the other defendants were convicted of violating the seditious conspiracy statute by engaging in an extensive plot to wage a war of Terrorism against the United States. With the exception of Rahman, they all were arrested while mixing explosives in a garage in Queens, New York, on June 24, 1993.

The defendants committed no overt acts of war, but all were found to have taken substantial steps toward carrying out a plot to levy war against the United States. The government did not have sufficient evidence that Rahman par ticipated in the actual plotting against the government or any other activities to prepare for terrorism. He was instead prosecuted for pro viding religious encouragement to his cocon spirators. Rahman argued that he only performed the function of a cleric and advised followers about the rules of Islam. He and the others were convicted, and on January 17, 1996, Rahman was sentenced to life imprisonment by Judge Michael Mukasey.

Following the September 11th Attacks of 2001, the federal government feared that terrorist networks were very real threats, and that if left unchecked, would lead to further insurrection. As a result, Congress enacted the Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT) Act of 2001, Pub. L. No. 107-56, 115 Stat. 272. Among other things, the act increases the president's authority to seize the property of individuals and organizations that the president determines have planned, authorized, aided, or engaged in hostilities or attacks against the United States.

The events of September 11 also led to the conviction of at least one American. In 2001, U.S. officials captured John Philip Walker Lindh, a U.S. citizen who had trained with terrorist organizations in Pakistan and Afghanistan. Lindh, who became known as the "American Taliban," was indicted on ten counts, including conspiracy to murder U.S. nationals. In October 2002, he was sentenced to 20 years in prison.

Further readings

Cohan, John Alan. 2003. "Seditious Conspiracy, the Smith Act, and Prosecution for Religious Speech Advocating the Violent Overthrow of Government." St. John's Journal of Legal Commentary 17 (winter-spring).

Curtis, Michael Kent. 1995. "Critics of 'Free Speech' and the Uses of the Past." Constitutional Commentary 12 (spring).——. 1995. "The Curious History of Attempts to Suppress Antislavery Speech, Press, and Petition in 1835–37." Northwestern University Law Review 89 (spring).

Downey, Michael P. 1998. "The Jeffersonian Myth in Supreme Court Sedition Jurisprudence." Washington University Law Quarterly 76 (summer).

Gibson, Michael T. 1986. "The Supreme Court and Freedom of Expression from 1791 to 1917." Fordham Law Review 55 (December).

Grinstein, Joseph. 1996. "Jihad and the Constitution: The First Amendment Implications of Combating Religiously Motivated Terrorism." Yale Law Journal 105 (March).

Levinson, Nan. 2003. Outspoken: Free Speech Stories. Berkeley: Univ. of California Press.

Weintraub, Leonard. 1987. "Crime of the Century: Use of the Mail Fraud Statute Against Authors." Boston University Law Review 67 (May).

Cross-references

Cold War; Communism; Freedom of Speech; Socialism.

sedition

n. the Federal crime of advocacy of insurrection against the government or support for an enemy of the nation during time of war, by speeches, publications and organization. Sedition usually involves actually conspiring to disrupt the legal operation of the government and beyond expression of an opinion or protesting government policy. Sedition is a lesser crime than "treason," which requires actual betrayal of the government or "espionage." Espionage involves spying on the government, trading state secrets (particularly military) to another country (even a friendly nation), or sabotaging governmental facilities, equipment, or suppliers of the government like an aircraft factory. During U. S. participation in World War II (1941-1945) several leaders of the German-American Bund, a pro-Nazi organization, were tried and convicted of sedition for actively interfering with the war effort. Since freedom of speech, press and assembly are guaranteed by the Bill of Rights, sedition charges are rare, because treason and espionage charges can be made for overt acts against the nation's security. (See: treason, espionage)

sedition

noun apostasy, defection, defiance, disloyalty, disobedience, dissidence, infidelity, insubordination, insurgence, insurrection, motus, mutiny, noncompliance, overthrow, rebellion, recreance, recreancy, recusancy, resistance to authority, revolt, riot, rising, seditio, seditiousness, subversion, treachery, treason, underground activity, uprising, violation
Associated concepts: alien and sedition acts, seditious libel
See also: anarchy, bad faith, bad repute, defiance, disloyalty, infidelity, insurrection, mutiny, rebellion, resistance, revolt, subversion, treason

sedition

acts, deeds, writing or speeches that can, even if not intended, stir up the peace of the state or that move the people to dislike, resist or subvert the government of the day.

SEDITION, crimes. The raising commotions or disturbances in the state; it is a revolt against legitimate authority, Ersk. Princ. Laws, Scotl. b. 4, t. 4, s. 14; Dig. Lib. 49, t. 16, 1. 3, Sec. 19.
     2. The distinction between sedition and treason consists in this, that though its ultimate object is a violation of the public peace, or at least such a course of measures as evidently engenders it, yet it does not aim at direct and open violence against the laws, or the subversion of the constitution. Alis. Crim. Law of Scotl. 580.
     3. The. obnoxious and obsolete act of July 14, 1798, 1 Story's Laws U. S. 543, was called the sedition law, because its professed object was to prevent disturbances.
     4. In the Scotch law, sedition is either verbal or real. Verbal is inferred from the uttering of words tending to create discord between the king and his people; real sedition is generally committed by convocating together any considerable number of people, without lawful authority, under the pretence of redressing some public grievance, to the disturbing of the public peace. 1 Ersk. ut supra.

References in periodicals archive ?
Last month, authorities arrested editors from an online news portal for sedition, sparking outcry over the wide usage of the law.
These crimes -- in which the suspects were convicted -- targeted the State's neutrality towards members of community and towards its security authorities and, therefore, were aimed at breaking the country's social fabric, undermining its social stability and peace, stirring up sedition among people, disrupting public security and harming public interest, thus providing extremists with an excuse to subject the safety of public employees and citizens within the State and abroad and its representative entities to attacks and risks in addition to compromising the integrity and neutrality of the judiciary,"Kubaish said.
The UP police had filed sedition charges (which were later dropped) against most of the Kashmiri students studying in the Swami Vivekanand Subharti University in Meerut after the boys were suspended by their institution for cheering Pakistan's victory.
The students on Sunday raised objections over dropping of sedition charges against the 68 Kashmiri students who had allegedly raised pro- Pakistan and anti- India slogans on March 2.
Instead of expelling the students and booking them for sedition, the Government of India should look for the reasons as to why Kashmiris are disappointed with India," he added.
But after reviewing the case by the police, the sedition charges were initially dropped on March 6, according to local media reports.
He stressed that Islam is a religion that calls for tolerance and mercy and is innocent of killing and sedition.
He explained that Al-Arabiya TV Channel has managed to adopt a hostile, provocative and inciting line that is fuelling to sedition and aimed to creating an Arab winter, as the TV channel believes.
The Philippine National Police (PNP) in Sulu was ordered to file a sedition case against Nur Misuari, founding chairman of the Moro National Liberation Front and current head of one of three MNLF factions, for declaring himself the political and military leader of the independent Bangsamoro Republik in Mindanao, said police chief superintendent Noel de los Reyes of the Autonomous Region in Muslim Mindanao (ARMM),
MAKKAH: ARAB NEWSThe Muslim World League (MWL) has called on leaders and scholars of Muslim communities to pay attention to the recent call made by Custodian of the Two Holy Mosques King Abdullah to counter challenges posed by sedition and other negative ideologies.
We warn domestic and foreign enemies as well as counterrevolutionary groups that any attempt to stir sedition or create chaos before or after the election will receive a crushing response from the Iranian nation," Major General Rahim Safavi said on Sunday.
Des jeunes membres du mouvement du 6-Avril (Front democratique) ont organise apres la grande priere du vendredi, un sit-in de protestation, avec la participation de membres du Courant populaire et du parti [beaucoup moins que]El-Dostour[beaucoup plus grand que], contre la sedition confessionnelle.