DomKen
Posts: 19457
Joined: 7/4/2004 From: Chicago, IL Status: offline
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quote:
ORIGINAL: Kirata quote:
ORIGINAL: YSG Doesnt apply if you're advocating revolution. See the Smith Act and the Communist Party trials from the early 50's: Prosecutions under the Smith Act ended in 1957 when a number of cases reached the Supreme Court and were reversed as unconstitutional. K. Sedition is still illegal. http://www.law.cornell.edu/uscode/text/18/2385 quote:
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. Seems to apply exactly to this instance. Also a gung ho federal prosecutor would probably find a way to tack on the conspiracy charge( they really love adding conspiracy counts). http://www.law.cornell.edu/uscode/text/18/2384 quote:
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.
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