TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 9 P11

Gale Encyclopedia of American Law Volume 9 P11 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 88 SEDITION jurisprudence for years to come. In Whitney the High Court upheld the convictions of political activists for violation of federal anti-syndicalism laws laws that prohibit the teaching of crime . In his concurring opinion Brandeis maintained that even if a person advocates violation of the law it is not a justification for denying free speech where the advocacy falls short of incitement and there is nothing to indicate that the advocacy would be immediately acted on. Beginning in the 1930s the Court became more protective of political free speech rights. The Supreme Court has protected the speech of racial supremacists and separatists labor organizers advocates of racial integration and opponents of the draft for the Vietnam war. However it has refused to declare unconstitutional all sedition statutes and prosecutions. in 1940 to silence radicals and quell Nazi or communist subversion during the burgeoning Second World War Congress enacted the smith act 18 . 2385 2387 which outlawed sedition and seditious conspiracy. The Supreme Court upheld the constitutionality of the act in Dennis v. United States 341 . 494 71 S. Ct. 857 95 L. Ed. 1137 1951 . However the court in Yates v. United States 354 . 298 77 S. Ct. 1064 1 1356 1957 overturned the Smith Act convictions of 14 persons for being members of the Communist party. The Court ruled that a person could only be convicted under the Smith Act if he urged others to do something. A person could not be convicted for merely belonging to a political party or believing in an ideology. After this decision the Smith Act fell out of favor. it remains . law though the federal government has not used it since 1961. Sedition prosecutions are extremely rare but they do occur. Shortly after the 1993 bombing of the World Trade Center in New York City the federal government prosecuted Sheik Omar Abdel Rahman a blind Egyptian cleric living in New jersey and nine codefendants on charges of seditious .

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