Sedition criminalizes the incitement of insurrection or revolution by seditious speech or writings and, as such, is subject to the restrictions set forth in the First Amendment. The first federal law prohibiting sedition was the Sedition Act enacted in 1798 and repealed by Thomas Jefferson after his election as president. The current federal statute criminalizing sedition was originally enacted in 1940 and is codified at 18 U.S.C. § 2385. Conspiracy to commit sedition is codified at 18 U.S.C. § 2384. Many states have similar provisions. 1 Like treason, sedition is rarely prosecuted.
The criminal act element required for sedition is either advocating, aiding, teaching, organizing or printing, publishing, or circulating written matter that advocates, aids, or teaches the overthrow of the US government or any state, district, or territory thereof by force or violence. 2 The criminal intent element required for sedition is the general intent or knowingly to advocate, aid, teach, or organize, or the specific intent or purposely to print, publish, or circulate written matter that advocates, aids, or teaches the violent government overthrow. 3 In Yatesv.U.S., 354 U.S. 298 (1957), the US Supreme Court held that only advocacy directed at promoting unlawful action could be constitutionally prohibited. Advocacy of an “abstract doctrine” was protected by the First Amendment as free speech. 4 Sedition is graded as a felony that can prohibit the defendant from obtaining employment with the US government for a minimum of five years postconviction. 5
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