Flame — HabitableZone

Flame » in reply to We apparently need a new word.

The word you're looking for is "sedition"
Fox — (archived)

Treason law is fairly easy to research via Google. I've done it at least twice, prompted by its misuse in HZ and in the larger screaming match called American politics. [Exercise left to the interested stiudent]

What it boils down to is rather simple:

Treason is not speech, but an act. Raising an army to overthrow the Federal government is an act of treason; calling for someone else to do so is not.

"Aid and comfort" is also an act, not speech. It requires material aid, in goods or funds, not cheerleading... or speech quoted by third parties and represented to be cheerleading.

For a very brief time in our history (1798 - 1801), "sedition" -- public criticism of the Government -- was made illegal. It has not been a crime in the 204 years since the Act was allowed to expire. Nixon infamously misused the powers of the Executive to harrass those he considered enemies of his government and his person, but he could not have them arrested.

What does it mean when someone shouts that we can't win this war, that we need to quit, we need to surrender? Is that constructive criticism? Is it political commentary?

It is lawful dissent, protected speech under the First Amendment.

Interestingly enough, many of the sources I've found on treason law make comparison between American and British versions. In the latter, treason once included speech against the King, as well as acts against his person. Technically, Patrick Henry was flirting with treason at the time he made that speech.

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