smith act

Smith Act. A 1948 federal antisedition law that criminalizes advocating the forcible or violent overthrow of the government. 18 USCA § 2385. [Cases: Insurrection and Sedition

1. C.J.S. Riot; Insurrection § 29.]

“The Smith Act is aimed at the advocacy and teaching of concrete action for the forcible overthrow of the government, and not at advocacy of principles divorced from action. The essential distinction is that those to whom the advocacy is addressed must be urged to do something, now or in the future, rather than merely to believe in something.” 70 Am. Jur. 2d Sedition, Etc.§ 63, at 59 (1987).


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