WHAT IS SEDITION?
Sedition is defined as some sort of overt conduct like public speech and public organization that is meant to resist or overthrow the established order. Under federal law, sedition is a form of federal conspiracy under the seditious conspiracy statute (18 U.S.C. § 2384) which states generally that if two or more people conspire to overthrow or oppose by force the authority of the United States government, or hinder the application of any law of the United States, then they are guilty of a federal felony. If convicted of sedition, one can be sentenced to up to 20 years in federal prison. Sedition is also against military law under Article 94 of the Uniform Code of Military Justice (UCMJ). The federal sedition statute has rarely been used in the past, as its reading can found to be in stark contrast with the rights afforded under the First Amendment to the United States Constitution regarding the freedom of speech. The current political climate has however brought the possibility of use of this little-known statute in order to try to stifle protests across the country. The last well-known federal case of sedition occurred in the state of Michigan where Judge Victoria A. Roberts of the Federal District Court dismissed charges of sedition and conspiracy against five members of the Hutaree militia, a Christian militia that existed in the Midwest. The case against them largely rested on the anti-police political speech that the group was known for.
ATTORNEY GENERAL BARR’S RECOMMENDATION
President Trump and Attorney General Bill Barr have made it clear that they intend to show that they support “law and order” and will do whatever they can in their power to enforce government authority. Barr has publicly compared the Black Lives Matter movement to Bolsheviks, which in the historical sense were a radical left party that formed in Russia over 100 years ago. In the derogatory sense, this means that Barr likens the Black Lives Matter movement to a group which has politically subversive or radical views. With this in mind, Attorney General Barr listed the sedition statute as one to consider when federal prosecutors are looking to charge protesters in a recent conference call involving Barr and United States Attorneys across the country. This push gives federal prosecutors the green light towards looking into filing charges stemming from a law that was passed in 1798 in order to stop people from overthrowing the newly formed government. If a protester does face a sedition charge, this charge would likely be in addition to whatever other types of charges related to the destruction of property or violence that a protester could be charged with.
WHY IS THIS IMPORTANT?
Whether you choose to believe it or not, we are currently at war in this country regarding our Constitutional rights. This is evident when the federal government is openly weighing to use a rarely used law alleging people are conspiring to overthrow the government in order to stifle protests and anti-government speech. This conflict has to do with a balance that has to be struck in assessing the importance of one’s rights as opposed to the importance of the power of government over its citizens. As citizens are taking to the street to oppose oppression, the government is flexing its muscle in trying to remind everyone who is in charge. If you or a loved one has been a victim of heavy-handed police while exercising rights to free speech at a protest, then it is important to speak to an experienced federal criminal defense attorney immediately.
