Legal Definitions - Sedition

Sedition refers to actions, often involving speech or writing, that are intended to incite rebellion, violence, or unlawful resistance against the government or its established laws. It involves actively encouraging others to overthrow, disrupt, or defy governmental authority through illegal means, particularly force.

In the United States, the First Amendment protects freedom of speech, setting a very high bar for what can be considered sedition. Merely criticizing the government, its policies, or its officials, even harshly, is not sedition. For speech to be deemed seditious, it must be intended to provoke immediate, violent, and unlawful action against the government and be likely to produce such action.

Here are some examples to illustrate the concept of sedition:

• Example 1: Inciting a Violent Overthrow

  During a public rally, a speaker passionately declares that the current government is illegitimate and urges the assembled crowd to immediately march to the capital building, forcibly remove elected officials, and establish a new system of governance through violence. The speaker provides specific instructions on how to breach security and overcome resistance, knowing that many in the crowd are armed and agitated.

  This illustrates sedition because the speaker is not merely expressing dissent but is directly and intentionally inciting the audience to engage in immediate, violent, and unlawful action to overthrow the government and its authority. If such speech is likely to cause imminent lawless action, it could be considered seditious.

• Example 2: Conspiring to Disrupt Government Operations by Force

  A small, organized group secretly plans to use explosives to disable a major federal power grid substation, believing that widespread power outages would create chaos and force the government to concede to their demands. They actively recruit individuals with specific skills to carry out this violent act, communicating through encrypted channels.

  This demonstrates seditious conspiracy, a specific form of sedition. The group is conspiring to use force to prevent the execution of federal law and disrupt the authority of the United States government, with the intent to undermine its functioning and achieve political goals through illegal, violent means.

• Example 3: Online Calls for Armed Resistance to Law Enforcement

  An online personality with a large following repeatedly posts videos and written messages urging their audience to physically confront and violently resist federal agents attempting to enforce a specific federal environmental regulation in a particular region. The posts include detailed advice on how to use makeshift weapons and evade arrest, leading to actual violent clashes between followers and law enforcement officers.

  This exemplifies sedition because the online personality is intentionally inciting their followers to engage in unlawful, forceful opposition to federal authority and the execution of federal law. The direct calls for violence and the resulting real-world confrontations demonstrate an intent to provoke immediate lawless action against the government.