conveyed in writing or speech", "moral strength",
"a capacity for affecting the mind or behavior", or even "legal validity".
Such characteristics might be punishable. This unlikely assertion
is confirmed by the behavior of the U.S. government. For example,
a Moslem cleric, Sheik Omar Abdel Rahman, was condemned to life in prison
for plotting to destroy various buildings, bridges, and tunnels.
He didn't do it. He merely planned it. He was not, himself,
charged with actual violence. Instead, he was guilty of "intellectual
power" and "influential action", that is, guilty of "force".
Another
peculiar feature emerges when we examine the concept of overthrow.
overthrow
.... 2. To bring about the downfall or destruction of,
especially by force or concerted action....
— from The American Heritage Dictionary
of the English Language
Thus,
an overthrow need not even be the result of force, but only of concerted
action. The Constitutional Convention that created the present U.S.
Constitution might qualify as an example. It was a concerted action,
and it ended the previous government. Any such assembly might easily
be maligned by the authorities as an attempt to overthrow the government.
Delegates could be imprisoned. Even an attempt to amend a state constitution
might be punishable under the U.S. Code.
Certain
assemblies, groups, or societies are prohibited by 18 USC Sec. 2385.
For your consideration, here are some more definitions.
assembly
... 2. A group of persons gathered together for a common reason,
as for a legislative, religious, educational, or social purpose....
group
.... 3. A number of individuals or things considered together
because of similarities: a small group of supporters across the
country....
society
.... 2. An organization or association of persons engaged in
a common profession, activity, or interest: a folklore society;
a society of bird watchers....
— from the American Heritage Dictionary
of the English Language
In
other words, 18 USC Sec. 2385 might be applied very broadly, depending
upon the agenda of those in power. With a little "terrorism" as an
excuse, the most innocuous of people or institutions might be punished.
A
government should tolerate any change the people care to discuss.
If it's a crime to advocate the overthrow of a government, then that is
a sufficient reason to overthrow that government. Today, the freedoms
of assembly, association, and speech are conditional before an arrogant
presumption of inviolable government. We're not permitted to oppose
the government, but only to plead for a bigger share of its largess.
All
over the country, the U.S. government is punishing people for publishing
some forbidden material, funding some forbidden activity, or joining some
forbidden group. Liberty is in peril and we all have a choice to
make. We can submit or we can resist. The U.S. government isn't
going to allow neutrality as an option.![10x5 Page Background GIF Image](../../Images/10x5_Page_Background.gif)
18 USC 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.![10x5 Page Background GIF Image](../../Images/10x5_Page_Background.gif)
January 2002
Page 2 |
Frontiersman,
479 E. 700 N., Firth, Idaho 83236
Also see Pharos at http://www.ida.net/users/pharos/ |
frontiersman@ida.net |
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