Legal Definitions - Smith Act

The Smith Act is a United States federal law, enacted in 1940, that makes it a crime to advocate for the violent overthrow of the government. Specifically, it targets individuals who teach or encourage others to take concrete, forceful actions to depose the existing government, rather than merely expressing a belief or discussing an abstract idea.

For a conviction under the Smith Act, the advocacy must go beyond theoretical discussion and actively urge people to do something—now or in the future—to bring about the government's violent downfall. It is not about punishing unpopular opinions or criticisms of the government, but rather about preventing direct incitement to violent revolution.

Here are some examples illustrating the application of the Smith Act:

• Example 1: Public Incitement

  During a public rally, a speaker passionately declares to the crowd, "Our current leaders are tyrants! It's time to arm yourselves, march on the capital next month, and forcibly remove every politician from office to establish a new order!"

  This scenario illustrates the Smith Act because the speaker is not just criticizing the government but is actively advocating for and urging the audience to take specific, violent actions (arming themselves, marching, forcibly removing officials) with the explicit goal of overthrowing the existing government.

• Example 2: Publication of Revolutionary Tactics

  An online group publishes and widely distributes a "Manual for Revolution," which contains detailed instructions on how to manufacture improvised explosive devices, strategies for disrupting public services, and a direct call to action for readers to form local cells and implement these plans to dismantle the existing governmental structure.

  This example falls under the Smith Act because the group is engaged in the teaching and advocacy of concrete, violent actions through a publication, explicitly urging readers to implement these plans to achieve the forcible overthrow of the government.

• Example 3: Covert Training for Overthrow

  A small, clandestine organization holds secret meetings where its leader provides members with practical training on disabling critical infrastructure, such as power grids and communication networks, and conducts drills for seizing local government buildings. The leader explicitly states that these activities are preparatory steps for a nationwide violent overthrow of the federal government.

  This demonstrates the Smith Act's scope because it involves the teaching of concrete actions and practical preparation for the forcible overthrow of the government, moving beyond mere ideological belief to active instruction and training for violent revolution.