Lawfare Archive: Jacob Schulz on Seditious Conspiracy
The Lawfare Podcast
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The Second Circuit's Logic in Dennis the US v. Smith Act
The Second Circuit's logic was that the statute requires, by its terms, that you do something by force. And so it's not actually penalizing speech, it's penalizing the use of force to interfere with the government's authority. The way that they did it was they referenced in 1951 Supreme Court case called Dennis the US. It was for the Smith Act, which is another basically since defunct anti-cidition law.
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