Show Notes for Ep #57: History of Sedition Laws

Itinerary

Opening

Hello and welcome to Learning the Law, a podcast about all things legal with a focus on current events where we try to teach you things in an hour. My name is Phoenix with my co-host and spouse, Ron. This podcast is purely educational and should not be taken as legal advice, this podcast does not create an attorney-client relationship, this podcast is based on our interpretation of relevant law. Any opinions expressed are the opinions of the individual making them and do not reflect the opinions of any firm, company, or other individuals. Ron is a licensed practicing attorney in the state of California and Phoenix is a journalist who’s been in the industry for over 20 yrs.

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Subject: Current Events

  1. Hush Money/Election Interference Update
    1. Gag order update
  2. Tiktok Ban
  3. Good News: Maine Sanctuary Bill
  4. Good News: Iowa Attacks on Trans and LGBT+ people fail
  5. Good News: Arizona repealed the bullshit 1864 abortion ban

Main Topic: History of Sedition Laws

  1. Fort Smith sedition Trial
  2. Dictionary Definition from Merriam-Webster:  incitement of resistance to or insurrection against lawful authority
  3. Legal Definition:  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 (18 U.S.C. § 2385, 2011).
    1. Deep Dive on 1st amendment
  4. Shays’ Rebellion – 1786-87 an organized and armed mob gathered to stop city hall and the courts from seizing farms because of the high tax imposed to pay for the revolution.  4000 people signed confessions and were disqualified from hold any governmental office, two were eventually hung and Shays himself was pardoned and lived out an obscure life in New York until 1825.
  5. Sedition Act of 1798  – President John Adams signed into law the Sedition Act of 1798, which set out punishments of up to two years of imprisonment for “opposing or resisting any law of the United States” or writing or publishing “false, scandalous, and malicious writing” about the President or the U.S. Congress (though not the office of the Vice-President, then occupied by Adams’ political opponent Thomas Jefferson). This Act of Congress was allowed to expire in 1801 after Jefferson’s election to the Presidency;[65] Jefferson pardoned those still serving sentences, and fines were repaid by the government. This law was never appealed to the United States Supreme Court (which had not yet established its power to invalidate laws passed by Congress granted in Marbury v. Madison) but opponents claimed it was unconstitutional under the First Amendment.
  6. The Civil War – Most of the confederate leaders were given a pass on sedition and treason and allowed to retire and never hold office again.  A number of the top leadership was imprisoned but only 2 people were executed for their part in the Civil War.
  7. Sedition Act 1918 – It forbade the use of “disloyal, profane, scurrilous, or abusive language” about the United States government, its flag, or its armed forces or that caused others to view the American government or its institutions with contempt. Those convicted under the act generally received sentences of imprisonment for five to 20 years.  Though the legislation enacted in 1918 is commonly called the Sedition Act, it was actually a set of amendments to the Espionage Act.  he law was repealed on December 13, 1920.

Notable People tried for sedition and/or treason::

  1.  Aaron Burr – Former Vice President Aaron Burr was tried in 1807 for treason for allegedly plotting to urge some states to leave the Union as part of military adventures to seize land from Spain and Mexico.
  2. SHEIKH OMAR ABDEL-RAHMAN – Seditious conspiracy law was last successfully used in the 1990s in the prosecution of Islamic militants who plotted to bomb New York City landmarks. An Egyptian cleric, Sheikh Omar Abdel-Rahman, and nine followers were convicted in 1995 of seditious conspiracy and other charges in a plot to blow up the United Nations, the FBI’s building, and two tunnels and a bridge linking New York and New Jersey. Abdel-Rahman, known as the “Blind Sheikh,” argued on appeal that he was never involved in planning actual attacks against the U.S. and his hostile rhetoric was protected free speech.
  3. Puerto Rican Nationalist – Seditious conspiracy charges were successfully brought in another, now largely forgotten storming of the Capitol building in 1954. Four pro-independence Puerto Rican activists rushed the building and opened fire on the House floor, wounding several representatives. They and more than a dozen others who assisted in the attack were convicted of seditious conspiracy.
  4. Far-Right Groups – Seditious conspiracy charges have been brought several times against far-right groups. In 1940, the government arrested seventeen members of the Christian Front, followers of fascistic broadcaster Father Charles Coughlin. All of the charges ended in dismissal or acquittal.[11] Edwin Walker, a former Army Major General, was arrested for seditious conspiracy and insurrection in 1962 after he incited a segregationist riot to prevent the admission of black student James Meredith at the University of Mississippi; the charges were dismissed. In the 1987 Fort Smith sedition trial, Louis Beam and nine other white supremacists were indicted for the activities of The Order and The Covenant, The Sword, and the Arm of the Lord. All ten defendants and four other defendants indicted for different crimes were acquitted in April 1988 after a two-month trial.
  5. Jan 6 Insurrection – Several members of American far-right militias were charged with seditious conspiracy for their participation in the January 6 United States Capitol attack, in which a mob of the outgoing President Donald Trump‘s supporters attacked the United States Capitol in an attempt to prevent the 2021 United States Electoral College vote count formally certifying his successor Joe Biden‘s victory in the 2020 United States presidential election.

Nine Oath Keepers have been found guilty of seditious conspiracy to stop the presidential transition of Joe Biden

  • In May 2022, three Oath Keeper members pled guilty to this charge.[17]
  • In November 2022, leader Stewart Rhodes and Kelly Meggs, a leader in Florida, were convicted of this charge.[18] Rhodes was later sentenced to 18 years and Meggs to 12 years.[19]
  • In January 2023, four more Oath Keepers were convicted of this charge.

Sponsor/ad op

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Topic B: Project 2025 

(something to note
the old link stopped working, I think they uploaded a new one but I didn’t download the old one so I don’t know the differences but the new link goes to our google drive copy of the pdf for everyone to have access to.)

  1. Defining fascism – Fascism (/ˈfæʃɪzəm/ FASH-iz-əm) is a far-right, authoritarian, ultranationalist political ideology and movement, characterized by a dictatorial leader, centralized autocracy, militarism, forcible suppression of opposition, belief in a natural social hierarchy, subordination of individual interests for the perceived good of the nation or race, and strong regimentation of society and the economy.
  2. Section One: Taking the Reins of Gov (pg 51)
    1. Chp 1: White House Office (pg 55)
    2. Chp 2: Executive Office of the President of the US (pg 75)
    3. Chp 3: Central Personnel Agencies: Managing the Bureaucracy (pg 101)
  3. Section Two: The Common Defense (pg 119)
    1. Department of Defense (pg 123)
    2. Department of Homeland Security (pg 165)
    3. Department of State (pg 203-233)
      1. The X article
      2. The Hart–Rudman Commission
    4. Intelligence Community (pg 233 – 263)
      1. Mass shooting in philly
      2. Five Eyes
      3. FISA bill blocked
    5. Media Agencies (pg 235 – 280)
      1. US Agency for Global Media
        1. The Firewall Regulation
      2. Corporation for Public Broadcasting

Sponsor/ad op (add spot for RWOG)

This weekend we will be presenting panels for an online discord convention through Real Women of Gaming that is completely free! April 27-28, Ron and I will be educating on copyright law and other important laws for Content Creators and artists. I will also be teaching some basics in editing. If you want to join us all you have to do is join the discord https://discord.gg/yYbm7MhpZu. Can’t wait to see you there!

Topic 3: – Agenda 47

  1. Ending Biden’s war on the Suburbs
  2. Dismantle the Deep State

Sponsor/ad op

We wanted to take a moment to say thank you to Muzicchik who created all the bumper music you hear on the podcast! You can find her music on Spotify and YouTube, just look for M-U-Z-I-C-C-H-I-K That’s Muzic with a Zzzzed. 

Closing

Thank you so much for listening to learning the law. If you liked this podcast and want to hear more, don’t forget to like, subscribe, follow, and share in all your favorite places.. Don’t forget to follow us on on social media at Necrokijo for Ron on Threads and PhoenixNymphy for Phoenix. If you have any questions please feel free to comment, dm or email us  at twolazydogsmedia@gmail.com. This has been a Two Lazy Dogs production.

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