Is it against the law to threaten violent overthrow of the U.S. govt' if legislation doesn't go one's way?

Question

Hypothetically, if an organization such as the Teamsters advocated and threatened violent overthrow of the U.S. government if legislation does not go their way, are any laws being broken? Which governmental agency would deal with such a threat? What punishment, if any, is there for advocating such an action?

Answer 1

Sec. 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 this section, 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.

AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $20,000" in fourth and fifth pars.
1962 - Pub. L. 87-486 defined the terms "organizes" and
"organize".
1956 - Act July 24, 1956, substituted "$20,000" for "$10,000",
and "twenty years" for "ten years" in the paragraph prescribing
penalties applicable to advocating overthrow of government and
inserted provisions relating to conspiracy to commit any offense
named in this section.

EFFECTIVE DATE OF 1956 AMENDMENT
Amendment by act July 24, 1956, as applicable only with respect
to offenses committed on and after July 24, 1956, see section 3 of
act July 24, 1956, set out as a note under section 2384 of this
title.

Answer 2

Yes ! It against the law to threaten the violent overthrow of the U.S. government or any government for any reason. If a law is not good or popular, such as "Prohibition" and people just don't obey that law and it can't be enforced, the legislature will finally realize this and repeal the law. Because of the terrorist violence today, any threats or violence are really serious and will usually result in jail time.
Yes, laws are being broken if there is a threat of the violent overthrow of the U.S. government.
While researching for your question I came across some unexpected sites that were worth reading. If we fail to be a nation of law, we will fail to be a nation; however, we were a nation borne of revolution and civil war.

Answer 3

Violent Overthrow Of The Government

Answer 4

We have to pay taxes. Where would the money come from to pave roads, for the infrastructure in every town and city through out the US. The street lights. Schools and educators. All the hand out for services rendered by the US. Student loans. Criminal Justice system. There is a never ending list of services that we receive for the taxes we pay. That is why it is important to see that our taxes are being used conservatively and vote for the right politicians. I don't mind paying taxes as long as the money is used for the needs an use of all the people. I sure wouldn't have to go back to using the old out house in the back yard and not having the convenience of flushing the toilet. Think about it . Get involved and see that your taxes a being spent right.

Answer 5

Thomas Jefferson once said, "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." There probably are laws on the books that make it a crime to threaten violent overthrow of the government.
But, our U.S. Constitution allows its citizens the right to bear arms against an oppressive, tyrannical government (too many people thing the "right to bear arms" means the right to own any kind of gun they want to own).
We have the right to free speech in this country (too many people interpret that to mean we can use whatever vulgar language we want to; free speech means we have the right to speak up against an oppressive government).
If the Teamsters advocated a violent overthrow of the federal government, such a coup d'etat would probably be considered illegal, but if enough support was garnered from the citizenry, I think it might be justifiable (especially in our current set of inane circumstances with a dimwit running this country).

Answer 6

Yes it is illegal to threaten to take over the U.S. government by force because one minority group didn't like what the legislation passed or didn't pass. It is a majority rule in America. (its suppose to be anyway)

The FBI handles the threats of violence made by home grown organizations. If any violence was executed for their cause this can be punishable by death.

Take Care.

Answer 7

If there was a way before there certainly is no way now. New Fascisms have been passed that would define your actions as terroristic in nature. Not to mention most of the country would oppose you, but I think thats also been the case of revolutions in our country's past as well.

Heres an obigatory "violence is not the answer..."

Answer 8

any violent threat against the goverment is considered against the law-I imagine the secret service... they don't only protect the President but all government officals as well as the FBI-Probally the same as they treat terrorist

Answer 9

Rich men created laws to protect their position, poor people follow the rich mans laws, and if they don't. that is evidence of why the laws were needed.

Answer 10

if two or more conspired to do this, and took an action to further the conspiracy, it would be in violation of a fed statute. FBI probably.