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Originally Posted by The_Dunedan
Questions:
1: How was this act provoked?
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The provocation, ostensibly, would have been the appearance of the "Antichrist."
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2: Was the group actually moving towards or committing an act of violence, or were they simply talking about it? "Seditious Conspiracy" has a lovely ring of Lefortovo and Pinochet about it. Knowing, or researching, or even -practicing- how to make bombs is not illegal.
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I think intent is important. Bomb-making for blowing stumps out of your property to make a road is one thing, but the "seditious conspiracy" mentioned would fall under the Smith Act, would it not?
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.
It was handy for purging Communists, apparently, but I suppose now it's deemed unconstitutional.
My question, though, is this: does treason truly need action? Is it treason if someone takes your information and training and uses it for their own ends? The Web is a great tool for disseminating information. Also, when does one become an enemy of the state?
I think all of this is very interesting.
For the record, certain forms of treason in Canada don't require action. It begins at the conspiracy to commit high treason or to use violence for the purpose of overthrowing a government body.