THE SMITH ACT OF 1940 is still on the books as the...

[whistle]

...TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES laws. Whatever government involvment there was in the events of 9/11, those people involved can be subject to the Smith Act. What are your thoughts? Also, can't anyone involved in PNAC be suject to prosecution under the Smith Act?

<snip>
THE SMITH ACT OF 1940
54 Stat. 670, 671, title I, §§2-3 (June 28, 1940),
current version at 18 U.S.C. §2385

Sec. 2. (a) It shall be unlawful for any person--

(1) to knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or by the assassination of any officer of any such government;

(2) with the intent to cause the overthrow or destruction of any government in the United States, to print, publish, edit, issue, circulate, sell, distribute, or publicly display 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;

(3) to organize or help to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any government in the United States by force or violence; or to be or become a member of, or affiliate with, any such society, group, or assembly of persons, knowing the purposes thereof.

(b) For the purposes of this section, the term "government in the United States" means the Government of the United States, the government of any State, Territory, or possession of the United States, the government of the District of Columbia, or the government of any political subdivision of any of them.

Sec. 3. It shall be unlawful for any person to attempt to commit, or to conspire to commit, any of the acts prohibited by the provisions of this title.



18 U.S.C. §2385 (as of Jan. 2, 2001)
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

Sec. 2385. Advocating overthrow of Government

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.

If two or more persons conspire to commit any offense named in this section, each 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.

As used in this section, the terms "organizes" and "organize", with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.

http://1stam.umn.edu/main/historic/Smith1940.htm

[Vogon_Glory]

1. Hmmm, Interesting. All Those Right-Wingers Who Could Be Prosecuted...

It's interesting to think about which right-wingers could be prosecuted. Certainly with her comments about Supreme Court Justice Kennedy and US Senator Lincoln Chafee, Anne Coulter could be prosecuted under section one.

I wonder if "Christian" Dominionists and Reconstructionists could be prosecuted under sections two and three.

:evilgrin:

[whistle]

2. Yep....

[rug]

3. You have to read it in the context of Brandenburg v. Ohio.

http://www.bc.edu/bc_org/avp/cas/comm/free_speech/brandenburg.html

[hootinholler]

4. Prove the theft of Ohio elections and you have a case.

Otherwise they are the duly elected Government. Ignoring the Constitution cold possibly be grounds for charges, but hard to make.

-Hoot