![]() ![]() Q3: How is this different from expressing opposition to policy?Ī3: There is a clear distinction between actions aimed at responsibly holding institutions accountable through constitutional means-actions that are routinely part of and encouraged in a strong democracy-and violence aimed at undermining the proper functioning and accessibility of democracy for all citizens. Individuals charged with insurrection are also ineligible to hold public office in the United States. § 2383 and applies to “hoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the law there, or gives aid or comfort thereto.” Charges of insurrection, or the incitement of insurrection, involves fines and imprisonment of up to 10 years. Moreover, members of the military can be charged under this provision for failing to do their “utmost to prevent and suppress” these activities from taking place. Under the Uniform Code of Military Justice, individuals intending on overthrowing or destroying a “lawful civil authority” can be charged under 10 U.S.C. ![]() This is to ensure that First Amendment activity is protected under the Constitution, and only actions that overtly demonstrate individuals’ plans to take dangerous steps toward overthrowing the United States’ constitutional government are charged.īut those that serve in the military and have taken an oath to protect and defend the Constitution are held to a higher standard. It is important to consider that federal law refers to “seditious conspiracy” as opposed to just “sedition.” There is the added burden of proof that an individual must actively be conspiring and taking steps toward a violent action against the government, not just making comments that seem to merely reflect that desire. Individuals charged with seditious conspiracy can be fined and could serve up to 20 years in prison. § 2384, “seditious conspiracy” occurs when two or more persons:Ĭonspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or 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. ![]() Q2: Is it a federal crime to commit “sedition” and “insurrection”?Ī2: It is a serious federal crime to commit seditious conspiracy or to participate in an insurrection against the government. government, the rule of law, and the Constitution are inextricably linked, and violent attacks on any of the three are not protected actions. One cannot commit sedition or insurrection to “overthrow a government” while still claiming to uphold and defend the Constitution. In other words, in the United States’ democracy, violently overthrowing the government or its institutions is overthrowing the Constitution itself. In a constitutional democracy, sedition and insurrection refer to inciting or participating in rebellion against the constitutionally established government, its processes and institutions, or the rule of law. In a monarchy, sedition might refer to actions instigating the removal of a king or queen. Insurrection includes the actual acts of violence and rebellion. Q1: What is “sedition” and “insurrection”?Ī1: Generally, sedition is conduct or speech that incites individuals to violently rebel against the authority of the government. ![]() Capitol, the Joint Chiefs of Staff penned a letter denouncing the rioters’ behavior and emphasizing that the “rights of freedom of speech and assembly do not give anyone the right to resort to violence, sedition and insurrection.” This analysis defines acts of sedition and insurrection and evaluates the seriousness of both charges. In response to the January 6 siege on the U.S. ![]()
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