Which: Insurrection, Sedition or Treason?

Orlando FL

Description

Sedition Prohibited speech isn’t just limited to the overthrow of the government. For instance, yelling “fire” in a crowded theater is prohibited speech. But when the crime is political, it may qualify as sedition. According to Title 18, second 2384 of the Code of Laws of the United States, sedition can meet any of three conditions. If two or more people in any place subject to U.S. jurisdiction: 1. conspire to overthrow, put down, or destroy by force or wage war against the government 2. forcefully oppose government authority, preventing, hindering or delaying the execution of any law of the U.S. 3. seize, take, or possess any U.S. property contrary to its laws Immediacy is an important element in sedition. Advocating the use of force against the government some time in the future is not considered sedition; such speech is protected by the First Amendment. Insurrection While sedition is organized incitement to rebellion or civil disorder against the state’s authority, insurrection involves actual acts of violence against the state or its officers. Only the attorney general can bring charges of insurrection, which is defined by Title 18, Section 2383 of the U.S.C.: Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States. Treason Sedition and insurrection are quite distinct from treason, which is a violation of a citizen’s allegiance to the U.S. by betrayal or aiding the country’s enemies. The Constitution, in Article III, is quite clear on what treason involves. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. There is one additional crime associated with treason that shouldn’t be overlooked. Americans are not permitted to witness friends, neighbors, or relatives taking treasonous action without notifying authorities: Title 18, section 2382 states: “Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.” Unlike sedition and insurrection, treason is specifically and narrowly defined by the Constitution. This might be, perhaps, because the men who framed the Constitution had all been traitors themselves — to the British crown.