The First Amendment provides for the right to speak and gather with others in protest for a reason. It is one of the most important rights that ensure the United States remains a “free” country. Protesting the actions of your government does not make you or is an enemy of the state.
So what does that mean for the prosecutor? He says that some protesters should be accused of sedition? Should you be concerned about attending a protest that could potentially turn violent? Can you face these grave federal criminal charges for attending a protest?
Bar wants prosecutors to stand up
After a summer of protests in Minneapolis, Portland, Chicago, Kenosha and many other cities across the country, federal authorities Arrest of terrorism-related charges of pillage and arson.
But Attorney General William Barr allegedly asked federal prosecutors last week to get stricter on protesters, and encouraged the use of the federal Sedition Act against protesters who participate in violent crimes or riots. Bar criticized local prosecutors in several of these cities for making it easier to deal with protesters who break the law.
The revelation of Barr’s comments led to widespread condemnation of civil liberties advocates. Fox News famous character Andrew Napolitano, former judge, Call it a “bridge too far.”. “
Definition of discord
“Sedition” is a broad term in American law. Indicate “On the act of inciting rebellion or violence against a legitimate authority With the aim of destroying or overthrowing it. According to federal law, an “inciting conspiracy” occurs when two or more people:
- Plotted to overthrow, destroy, or wage war on the American government
- Use force to oppose the authority of the US government
- “Take, forfeit, or forcibly acquire” any federal property
- “Prevent, obstruct, or delay by force” any application of United States laws
in a Issuance of a memorandum of the Ministry of Justice Following Barr’s comments, Deputy Attorney General Geoffrey Rosen wrote that the portion of the law referring to the seizure of federal property or preventing law enforcement officers from carrying out their duties was sufficient to press charges of inciting some of the protesters. In fact, Rosen wrote that the sedition law “does not require proof of conspiracy” to overthrow the government in order to implement it.
Previous uses of sedition laws
While accusations of sedition are rare, they have a chilling history. the original Sedition Act of 1798 It made it easier for the young US government to deport, fine, or imprison anyone for publishing “false, scandalous, or malicious writing” against the government.
The Espionage Act 1917 He made it a federal crime of up to 20 years in prison for intentionally spreading false news about US Army and Navy operations. The Discord Act of 1918 expanded the law further during World War I, criminalizing statements critical of the federal government. This law has been repealed – thank God -.
Over the years, sedition laws have been used against Puerto Rican separatists, white supremacists, Muslim terrorists, and Christian militias.
Should the protesters be concerned?
There is no doubt that many of the protests this summer turned violent. In Seattle and Portland, protesters attempted to set fire to and bypass federal buildings. Several protesters in Minneapolis set fire to the police department headquarters.
But is it fair to equate protesters angry at the police killing of black Americans with groups that are trying too hard to break away from or topple the US government?
“There is nothing wrong with aggressive prosecution. In the face of street violence that destroys government and private property and injures individuals, this is what the government should do,” Napolitano said. But this is not the case with sedition. “
As police shootings continue to make headlines and much violence is feared in the election season, protesters should be aware of what could be at stake. Even if federal judges are not interested in discord incitement charges against protesters, this does not mean that the federal government will not attempt to use these charges for convictions.
If you are intent on exercising your First Amendment rights at a demonstration, be aware of your surroundings. And if the protest turns violent, consider leaving the area as soon as possible. It would also be wise to memorize or write the number of the criminal defense attorney you want to call if you are arrested.