Is sedition punishable?
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  Is sedition punishable?		 « previous next »
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Question: Is it constitutional to punish sedition (as well as libel, slander and defamation) or is it free speech protected by the 1st amendment?
#1
Punishable?		  
#2
Protected?		  
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Total Voters: 11

Author Topic: Is sedition punishable?  (Read 3607 times)
WillK
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« on: December 16, 2008, 11:35:24 PM »
I am curious as to what the forum thinks.
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Scam of God
Einzige
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« Reply #1 on: December 17, 2008, 12:02:28 AM »
Protected Constitutionally, and there ought to be a culture which encourages dissent as a generator of new ideas.
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memphis
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« Reply #2 on: December 17, 2008, 12:28:51 AM »
Generally protected, though you can't destroy property or be violent to others.
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Queen Mum Inks.LWC
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« Reply #3 on: December 17, 2008, 01:59:42 AM »
Generally protected.  But if you're encouraging riots and stuff, I'd probably charge you with conspiracy to commit...
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WillK
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« Reply #4 on: December 17, 2008, 07:06:51 AM »
Quote from: Judge, Fmr. Chairman, Fmr. Governor, & Queen Mum Inks.LWC on December 17, 2008, 01:59:42 AM
Generally protected.  But if you're encouraging riots and stuff, I'd probably charge you with conspiracy to commit...

Doesn't your second sentence contradict your first? 
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J. J.
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« Reply #5 on: December 17, 2008, 07:50:38 AM »
Generally protected.
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A18
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« Reply #6 on: December 17, 2008, 08:19:45 AM »
Are you wondering what modern case law provides for, or are you asking for our opinions on the merits?
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WillK
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« Reply #7 on: December 17, 2008, 08:34:38 AM »
Quote from: Philip on December 17, 2008, 08:19:45 AM
Are you wondering what modern case law provides for, or are you asking for our opinions on the merits?

Opinions. 
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Matt Damon™
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« Reply #8 on: December 17, 2008, 12:05:22 PM »
Quote from: Einzige on December 17, 2008, 12:02:28 AM
Protected Constitutionally, and there ought to be a culture which encourages dissent as a generator of new ideas.
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WillK
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« Reply #9 on: December 17, 2008, 12:09:36 PM »
Quote from: WillK on December 17, 2008, 08:34:38 AM
Quote from: Philip on December 17, 2008, 08:19:45 AM
Are you wondering what modern case law provides for, or are you asking for our opinions on the merits?

Opinions. 

I realize it would have been better to title the thread: Should seditious libel be punishable (as it is under current US law) or is it protected free speech? I am aware of current law and some of the key cases.   So  I am really just interested in the views of the forum participants. 
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The Populist
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« Reply #10 on: December 17, 2008, 04:39:54 PM »
It's generally protected, but there can be exceptions.
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Queen Mum Inks.LWC
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« Reply #11 on: December 26, 2008, 02:48:52 AM »
Quote from: WillK on December 17, 2008, 07:06:51 AM
Quote from: Judge, Fmr. Chairman, Fmr. Governor, & Queen Mum Inks.LWC on December 17, 2008, 01:59:42 AM
Generally protected.  But if you're encouraging riots and stuff, I'd probably charge you with conspiracy to commit...

Doesn't your second sentence contradict your first? 

No.  If you simply go out and say, "This government is corrupt and needs to be overthrown," that's generally protected, but if you go out and say, "Yall should join me if I riot and burn down city hall," then that's crossed a line.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #12 on: December 29, 2008, 09:14:32 PM »
Depends on what you mean by sedition.  If construed narrowly, as an incitement to imminent lawless action, then yes, and that is the current standard set forth in Brandenburg v. Ohio.
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specific_name
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« Reply #13 on: December 31, 2008, 01:55:23 AM »
It can be punishable. The question is to what extent and in what context. Verbal dissent alone is not, but conspiracy is and treason can come into play. The idea of sedition by itself being a crime is unpalatable to most and really doesn't fly for that reason. It is however, in the gray zone. In a time of major war, we may see a different interpretation than now.
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