从美国法律图书馆的解释看,007的说法没有问题


所有跟贴·加跟贴·新语丝读书论坛

送交者: Todd 于 2010-03-29, 13:19:56:

回答: 周末抓的几个"基督教战士"组织的民兵罪名中有"煽动叛乱"。 由 james_hussein_bond 于 2010-03-29, 10:56:27:

Sedition is the crime of revolting or inciting revolt against government. However, because of the broad protection of free speech under the FIRST AMENDMENT, prosecutions for sedition are rare. Nevertheless, sedition remains a crime in the United States under 18 U.S.C.A. § 2384 (2000), a federal statute that punishes seditious conspiracy, and 18 U.S.C.A. § 2385 (2000), which outlaws advocating the overthrow of the federal government by force. Generally, a person may be punished for sedition only when he or she makes statements that create a CLEAR AND PRESENT DANGER to rights that the government may lawfully protect (SCHENCK V. UNITED STATES, 249 U.S. 47, 39 S. Ct. 247, 63 L. Ed. 470 [1919]).

The crime of seditious conspiracy is committed when two or more persons in any state or U.S. territory conspire to levy war against the U.S. government. A person commits the crime of advocating the violent overthrow of the federal government when she willfully advocates or teaches the overthrow of the government by force, publishes material that advocates the overthrow of the government by force, or organizes persons to overthrow the government by force. A person found guilty of seditious conspiracy or advocating the overthrow of the government may be fined and sentenced to up to 20 years in prison. States also maintain laws that punish similar advocacy and conspiracy against the state government.

Read more: Sedition - Further Readings http://law.jrank.org/pages/10113/Sedition.html#ixzz0jah7qrrJ




所有跟贴:


加跟贴

笔名: 密码: 注册笔名请按这里

标题:

内容: (BBCode使用说明