Criminal anarchy

Criminal anarchy in the United States is the doctrine that organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means. The advocacy of such doctrine either by word of mouth or writing is a felony in many U.S. states. Circa 1955, the United States Solicitor General said that forty-two States plus Alaska and Hawaii had statutes which in some form prohibited advocacy of the violent overthrow of established government.

At the federal level, criminal anarchy is criminalized by 18 U.S.C. § 2385, which makes it an offense punishable by 20 years' imprisonment to advocate the overthrow of the U.S. government. Violation of this statute can also result in losing one's U.S. citizenship. The Constitutionality of these statutes at the present time is highly questionable. In 1925, criminal anarchy statutes were ruled constitutional in the U.S. Supreme Court case of Gitlow v. New York, 268 U.S. 652 (1925). However, in 1969, the subsequent U.S. Supreme Court decision of Brandenburg v. Ohio, 395 U.S. 444 (1969) overturned nearly all criminalization of political speech, including advocacy of the violent overthrow of the government, unless such speech "is directed to inciting or producing imminent lawless action and is likely to incite or produce such action."

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