united-states criminal-law human-rights
Treason, Sedition and the US Bill of Rights
<p>In 2018, where are lines drawn between treason, sedition, and constitutionally protected freedoms of speech and assembly?</p>

<ol>
<li><p>Publishing a neutral, fact-based article on a contentious topic, citing sources and giving each side an opportunity to respond, but which can be construed as portraying the USA in a negative light.</p></li>
<li><p>Publishing a biased, opinion-based article on a contentious topic, selectively citing sources without giving each side an opportunity to respond, and which intentionally portrays the US in a negative light.</p></li>
<li><p>Same as 2, but in this case you are working in collaboration with foreign entities and/or agents in support of their goals.</p></li>
<li><p>Same as 3, but you are being paid or receiving some other concrete consideration.</p></li>
<li><p>Same as 2, but your activities include organizing groups of other citizens to participate.</p></li>
<li><p>Same as 4, but you organize groups of other citizens to participate.</p></li>
<li><p>Same as 5, but beyond publishing, you engage in civil disobedience to subvert the usual rule of law.</p></li>
<li><p>Same as 6, but beyond publishing, you engage in civil disobedience to subvert the usual rule of law.</p></li>
<li><p>Same as 7, except activities include rioting, looting or other serious criminal activities.</p></li>
<li><p>Same as 8, except activities include rioting, looting or other serious criminal activities.</p></li>
</ol>

<p>Assume that all anti-American sentiment is aligned with a specific foreign nation's interests. Consider each case:</p>

<ul>
<li>the foreign nation is a close ally of the US</li>
<li>the foreign nation has neutral relations with the US</li>
<li>the foreign nation is a bitter rival with cold relations to the US</li>
<li>the foreign nation is in a state of open, declared war with the US</li>
</ul>

<h1>Relevant Law</h1>
<h2>Treason</h2>
<p>Treason is constitutionally defined as waging war on the United States, or giving aid and comfort to its enemies. The definition doesn't formally say so, but only someone who owes allegiance to the United States (i.e. a U.S. citizen) can be guilty of treason. The federal treason statute states:</p>
<blockquote>
<p>Whoever, owing allegiance to the United States, <strong>levies war against
them</strong> or adheres to their <strong>enemies</strong>, giving them aid and comfort within
the United States or elsewhere, is guilty of treason and shall suffer
death, or shall be imprisoned not less than five years and fined under
this title but not less than $10,000; and shall be incapable of
holding any office under the United States.</p>
</blockquote>
<p>18 USC Section 2381.</p>
<p>The main limitations are in bold.</p>
<p>The word &quot;enemy&quot; has a technical meaning in the area of treason and foreign relations, which means a country or insurgent group with whom the United States is at war. Thus, the following are not &quot;enemies&quot; of the United States:</p>
<ul>
<li><p>the foreign nation is a close ally of the US</p>
</li>
<li><p>the foreign nation has neutral relations with the US</p>
</li>
<li><p>the foreign nation is a bitter rival with cold relations to the US</p>
</li>
</ul>
<p>But, this one is an enemy of the United States:</p>
<ul>
<li>the foreign nation is in a state of open, declared war with the US</li>
</ul>
<p>Hence, a U.S. citizen giving aid and comfort to ISIS (with whom we have a Congressionally authorized war) as it tries to mount a terrorist attack on the U.S. might very well be treason, but assisting Russia (with whom the U.S. is not at war) in assassinating an American would not be.</p>
<p>I don't know if North Korea is a current &quot;enemy&quot; of the United States or not. The Korean War is not over, but I don't know if the U.S. declaration of war on North Korea is still in force.</p>
<p>It is also a lesser felony to failure to report treason in progress to the authorities, with treason itself defined in essentially the same way. 18 USC Section 2882. Thus, U.S. citizens have a legal duty enforceable with criminal law to affirmatively report treason.</p>
<h2>Rebellion or insurrection</h2>
<p>Also rebellion or insurrection is a crime defined as follows:</p>
<blockquote>
<p>Whoever incites, sets on foot, assists, or engages <strong>in any rebellion or
insurrection against the authority of the United States or the laws
thereof</strong>, 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.</p>
</blockquote>
<p>18 USC Section 2383</p>
<p>The bold language greatly restricts the applicability of this crime. This is not something you can really do by yourself, you need to be part of an organized insurgency group actively trying to overthrow the U.S. government by force.</p>
<p>Affiliation with a foreign power is irrelevant to this offense.</p>
<h2>Sedition</h2>
<p>Sedition (actually seditious conspiracy) is defined as:</p>
<blockquote>
<p>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 <strong>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,</strong> they shall each be fined under this title or imprisoned not
more than twenty years, or both.</p>
</blockquote>
<p>18 USC Section 2384.</p>
<p>The highlighted portions are the least culpable ones that qualify for the offense of seditious conspiracy, which are subject to some significant case law glosses of interpretation. At a minimum seditious conspiracy must involve defiance of the authority of the United States.</p>
<p>Simply committing serious crimes against the United States (e.g assassinating a high government official or blowing up a government building), while acknowledging that the United States is the legitimate government of the United States acting within its authority and not seeking regime change (not just new personnel but a new constitution not adopted by constitutional means), is not sufficient.</p>
<p>Your involvement with a foreign power is neither necessary nor sufficient for conduct to be seditious.</p>
<h2>Advocating the overthrow of the United States government</h2>
<p>Advocating the overthrow of the United States government is also a crime in some circumstances (subject to significant judicial case law glosses):</p>
<blockquote>
<p>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, <strong>by force or violence,
or by the assassination of any officer of any such government;</strong> or</p>
<p>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 <strong>overthrowing or destroying any government in the
United States by force or violence, or attempts to do so;</strong> or</p>
<p>Whoever organizes or helps or attempts to organize any society, group,
or assembly of persons who teach, advocate, or encourage the <strong>overthrow
or destruction of any such government by force or violence;</strong> or <strong>becomes
or is a member of, or affiliates with, any such society, group, or
assembly of persons, knowing the purposes thereof—</strong></p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
</blockquote>
<p>18 USC Section 2385.</p>
<p>Collaboration with a foreign power isn't an element of this crime and is neither necessary nor sufficient to establish it. The key limitations and most inclusive provisions are in bold. The First Amendment significantly limits that application of this crime as applied, but it is not unconstitutional in all circumstances.</p>
<h1>Your Examples</h1>
<p>Numbers 1-2 would never be crimes of any kind as described and not reading anything else into them.</p>
<p>Numbers 3-6 are not illegal <em>per se</em>, but you may be required to register as a foreign agent and these activities may be illegal for someone holding certain government offices.</p>
<p>Nothing in 1-6 would constitute treason or sedition or rebellion.</p>
<p>Civil disobedience is a description that speaks more to the reason and motive for the action than the action itself so it is hard to say what you mean by 7-8. Somebody could call blowing up the Capitol &quot;civil disobedience&quot; or could mean protesting in violation of a curfew ordinance. Some of those activities could constitute a seditious conspiracy.</p>
<p>With respect to 9-10, the acts involved are more clear, but the motive and context remain in doubt. Some of this activity could conceivably be a seditious conspiracy, but we don't have enough context here to know.</p>
