As J Tyler noted the reach of these laws is still nominally limited by Brandenburg v. Ohio (US 1968), which allows proscription only of advocacy of illegal activity that rises to the level of incitement to crimes that are immanent. However Brandenburg did not overrule an older case, US v. Dennis (US 1951, affirming the conviction of the CPUSA leaders for conspiring to teach the desirability of the overthrow of the US govt, in violation of the Smith Act below), which established a dangerous probability of illegal activity: the test was, that the court must ask whether the gravity of the evil, discounted by its improbability, justifies such invasion of free speech as necessary to avoid the danger. That's also still good law, although it has not been cited to uphold restrictions on free speech in over 50 years. It is quite possible that the Dennis test (defended here by Charles in the context of hate speech restrictions over the warnings of some civil libertarians that political dissenters are next in line for repression) will revived in the context of the new anti-terrorist laws if the free speech issues are not simply dodged altogether.
In a related context, in Boumediene v. Bush, the DC Cir has upheld the legality of non-reviewable detention on Guantanamo Bay only purely statutory grounds of the Military Commissions Act, holding that there was a statutory (not a constitutional) basis to limit the teach of habeas corpus. That's not a free speech matter, but it might indicate which way the courts would jump if free speech collided with enforcement of anti-terrorism laws. I see no grounds to be sanguine.
And if I were you, I sure as hell would be intimidated, chilled, cowed, and frightened into silence when it comes to idle chatter about political violence.
--- "B." <docile_body at yahoo.com> wrote:
> [Scary laws. Technically Doug is correct. Reminds me
> of the "Criminal Syndicalist" laws from the 1920s
> that
> dubbed unions a 'conspiracy' to steal [capital] from
> employers. But why anyone would want to discuss
> specifics here or anywhere else on the 'net is
> beyond
> me. -B.]
>
>
>
> US Code
> TITLE 18 > PART I > CHAPTER 115 > § 2383
> § 2383. Rebellion or insurrection
>
> Whoever incites, sets on foot, assists, or engages
> in
> any rebellion or insurrection against the authority
> of
> the United States or the laws thereof, or gives aid
> or
> comfort thereto, shall be fined under this title or
> imprisoned not more than ten years, or both; and
> shall
> be incapable of holding any office under the United
> States.
>
>
> TITLE 18 > PART I > CHAPTER 115 > § 2384
> § 2384. Seditious conspiracy
>
> If two or more persons in any State or Territory, or
> in any place subject to the jurisdiction of the
> United
> States, conspire to overthrow, put down, or to
> destroy
> by force the Government of the United States, or to
> levy war against them, or to oppose by force the
> authority thereof, or by force to prevent, hinder,
> or
> delay the execution of any law of the United States,
> or by force to seize, take, or possess any property
> of
> the United States contrary to the authority thereof,
> they shall each be fined under this title or
> imprisoned not more than twenty years, or both.
>
>
>
> TITLE 18 > PART I > CHAPTER 115 > § 2385
> § 2385. Advocating overthrow of Government
>
> Whoever knowingly or willfully advocates, abets,
> advises, or teaches the duty, necessity,
> desirability,
> or propriety of overthrowing or destroying the
> government of the United States or the government of
> any State, Territory, District or Possession
> thereof,
> or the government of any political subdivision
> therein, by force or violence, or by the
> assassination
> of any officer of any such government; or
>
> 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.
>
> If two or more persons conspire to commit any
> offense
> named in this section, each 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.
>
> As used in this section, the terms “organizes” and
> “organize”, with respect to any society, group, or
> assembly of persons, include the recruiting of new
> members, the forming of new units, and the
> regrouping
> or expansion of existing clubs, classes, and other
> units of such society, group, or assembly of
> persons.
> ___________________________________
>
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