Sedition: clear and present danger
With Barack Obama in the White House, the number of Islamic organizations and mosques will continue to increase geometrically. This spells sedition, far more palpable and dangerous than communist penetration of the U.S. prior to the Second World War.
Sedition law still on the books
Although the Supreme Court, in 1957, threw out numerous convictions under the Smith Act as unconstitutional, the statute remains on the books, and may yet be provide a model for anti-sedition legislation if the Republicans gain control of the White House after the 2016 presidential election.
According to a recent FBI report, there are more than 6,000 mosques in the U.S. of which about 20 percent preach Jihad. Were there 1,200 communist cells operating in the U.S. in 1940? And were they being financed by a Soviet equivalent of Saudi Arabia? Besides, could Communist cells in the 1940s cover their sedition under the façade of religion?
Islamic sedition will soon become an obvious existential threat in the United States. Hence, the necessity of some sort of Smith Act will be more obvious in 2016 than it was in 1940, when the statute was enacted.
Is anyone thinking along these lines? The warnings of Newt Gingrich, Brigitte Gabriel, David Horowitz, and others regarding the Islamic-Sharia offensive in the U.S. are fairly restrained (understandably so). In any event, it seems to me that someone skilled in constitutional law should quietly adapt the Smith Act (and the Supreme Court’s reasoning on this issue) to the unique character of Islamic sedition. The “clear and present danger” of communist sedition in the late 1950s and 1960s pales in significant compared to the threat posed by the spread of Islam in all sectors of American society including the United States Government.
The Smith Act
Here is some information about the Smith Act gleaned from Internet:
The Alien Registration Act of 1940, usually called the Smith Act because its anti-sedition section was authored by Representative Howard W. Smith of Virginia, is prescribed in 54 Statutes at Large 670-671 (1940). The Act has been amended several times and can now be found at 18 U.S. Code § 2385 (2000).
§ 2385. Advocating Overthrow of Government.
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof–
Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
As used in section § 2385, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.
The Smith Act and Muslim groups
The Smith Act clearly applies to Muslim organizations in the United States such as CAIR, the Council on American–Islamic Relations. CAIR is an Islamic supremacist organization that pioneered 20th century Islamic terrorism, and it sanctions violence against the United States. CAIR is headquartered on Capitol Hill in Washington, D.C., and has regional offices nationwide. Through media relations, lobbying, and education, CAIR promotes Islamic, hence anti-American perspectives to the American public, while promoting social and political activism among Muslims in America. Moreover, CAIR is suspected of being linked to terrorist organizations such as the Muslim Brotherhood and to HAMAS in the Gaza strip. Of course, no action will be taken against CAIR as long as Barack Obama is in the White House.
However, one would think that one or another American presidential candidate such as Donald Trump, Ted Cruz, and Dr. Ben Carson would raise this issue of national security in their criticism of the Obama Administration, especially in view of President Obama’s inability to utter the words “Islamic terrorism.”
Islamic terrorism constitutes a clear and present danger to the United States, as understood by the language of the Smith Act. Hence, patriotic American statesmen and organizations should rise up and sound the warning that America has been penetrated by her deadliest enemy. ◙