South Carolina Requires Subversive Groups to Register

[JazzRemington]

Five-dollar registration fee for persons planning to overthrow US government

Terrorists who want to overthrow the United States government must now register with South Carolina's Secretary of State and declare their intentions -- or face a $25,000 fine and up to 10 years in prison.

The state's "Subversive Activities Registration Act," passed last year and now officially on the books, states that "every member of a subversive organization, or an organization subject to foreign control, every foreign agent and every person who advocates, teaches, advises or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States ... shall register with the Secretary of State."

There's even a $5 filing fee.

By "subversive organization," the law means "every corporation, society, association, camp, group, bund, political party, assembly, body or organization, composed of two or more persons, which directly or indirectly advocates, advises, teaches or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States [or] of this State."

A PDF of the registration form can be found here, courtesy of FitsNews.

The law also gives subversive organizations "subject to foreign control" 30 days to register with the state after setting up shop in South Carolina.

While the intention of the law is apparently aimed at Islamic terrorists, it's unclear in the law's wording whether it can be applied to right-wing militias, some of whom have reputedly called for the overthrow of the US government. The law states that "fraternal" and "patriotic" groups are exempt from the law, but only if they don't "contemplate the overthrow of the government."

While the law is clearly redundant -- there are plenty of statutes at the state and federal level through which terrorists can be prosecuted -- it reflects a not-uncommon pattern in some states of "doubling down" against particular crimes.

For instance, South Carolina is among those states which require drug dealers to declare their illegal income, or face additional criminal penalties on top of the already established penalties for buying, possessing and selling drugs.

The South Carolina blog FitsNews describes the new law as "bureaucracy for terrorists."

"In the long and storied history of utterly retarded legislation in South Carolina, we may have finally found the legal statute that takes the cake for sheer stupidity, which we think you’ll agree is saying something," the unsigned blog posting scathingly commented.

http://rawstory.com/2010/02/south-carolinas-subversive-activities-registration-act-force/

[Axle]

Uh...what?

Yeah, register your intentions to do something illegal. I'm sure there's gonna be lines out the door for that brilliant plan.

What a stupid, clumsy idea. Protect "safety" by carving out a huge chunk of basic liberty. What I'm concerned with is this things potential to turn into a witch hunt of huge proportions.

[Martin Blank]

I'm moving this thread to Politics, since it is clearly something that is political and should be discussed there.

[The Douche]

Its not like the state believes any group will follow this law, its just been placed on the books so that they can charge any number of organizations with a crime/fine.

[the last donut of the night]

I think that this law will come in handy for the state when, and if, leftist organizations become stronger in this country. It will be a great way to hurt us even more.

[Red Commissar]

So, how are they enforcing this exactly?

[JazzRemington]

So, how are they enforcing this exactly?

They might use this to target radical groups, especially the more visible ones. Either that, or it'll end up being a pile-on charge.

[RED DAVE]

This parallels one of the key US government tools during the 1940s, 50s and 60s: the Attorney General's List of Subversive Organizations, which was used for a variety of repressive purposes. I'm unable to find a source, but I believe the list was found to be unconstitutional during the 60s.

However, given the current extremely conservative Supreme Court, it is quite possible that such a list, under the rubric of fighting terrorism, would be found legal.

http://en.wikipedia.org/wiki/Attorney_General%27s_List_of_Subversive_Organizati ons

RED DAVE

[Martin Blank]

It's probably a pile-on law like the Voorhis Act, which requires U.S. sections of international organizations to register with the U.S. government, but has no real enforcement provision. This seems to be similar. Since there is no means of publicly identifying who is registered and who is not, there can't be a proper enforcement provision like there is with age-restricted activity (ID checks). Most likely, this is something that will be added to charges stemming from "public disturbance" or "civil disobedience" misdemeanors to bump them up to felonies ... thus stripping those convicted of their rights to vote or hold office in the state.

As it is, though, we're already in communication with our supporters in S. Carolina about this, discussing with them how to handle this development.

[Die Neue Zeit]

It's really pathetic that even "Constitutional Courts" in European countries cannot rule on the constitutionality of laws passed until there's a specific case brought to the court.

[RED DAVE]

It's really pathetic that even "Constitutional Courts" in European countries cannot rule on the constitutionality of laws passed until there's a specific case brought to the court.The situation in the US is basically the same.

RED DAVE

[The Vegan Marxist]

So, if I was to rebel against only 49 of the 50 states of America, not including South Carolina, does that mean I wouldn't be breaking this law? Since, to rebel against America, in itself, I'd have to go against all 50 states.

[Die Neue Zeit]

The situation in the US is basically the same.

RED DAVE

Yeah, either that delay or you'll hear screams of "judicial activism" and "legislating from the bench." Oh wait, we hear that already! :rolleyes:

[My post implied that the European constitutional courts are slightly better than SCOTUS.]

[JazzRemington]

Well, it could be a trap. Specifically advocting the overthrowing of the American government is illegal. If you register, you're essentially declaring that you'rer going to break the law. It's like anti-Marijuana laws in the 30s: you had to have a stamp to either grow or possess it (I can't remember which off hand) but to get the stamp you had to have the marijuana on hand. But since you didn't have a stamp, you technically were breaking the law.

[Guerrilla22]

Yes I'm sure all "subversive" groups will run to sign up for a government registry that keeps track of them, LOL!

[Martin Blank]

I meant to say this before, and one of our writers already has dibs on using it as a headline for his weekly column, but this just proves the old saying from 1861: "South Carolina -- too small to be a republic, too large to be an insane asylum".

[Die Neue Zeit]

Even revolutionaries have a sense of anti-regional bias! :D

[cyu]

Excerpts from http://news.infoshop.org/article.php?story=2010couth-carollina-taint#comments

If anybody wants to have some fun making a mockery of this idiotic law, how about a campaign to get South Carolina-based Tea Bagger and Republican groups registered? If anybody has been talking recently about overthrowing the U.S. government, you gotta start with the Tea Baggers, Dittoheads and Becktards.

The form requires you to have a leader of the organization, and for the leader to sign it. So its impossible for anarchists to comply.

If I were going to make up a group and register it, I'd put down the Continental Army led by George Washington.

[LeninistKing]

How dumb the State of South Carolina authorities are. They must realize that americans are too sedated by pizzas, cakes, burgers, all you can eat buffets and pancakes in order to wage a revolution (A diet high in carbohydrates)

.


Five-dollar registration fee for persons planning to overthrow US government

Terrorists who want to overthrow the United States government must now register with South Carolina's Secretary of State and declare their intentions -- or face a $25,000 fine and up to 10 years in prison.

The state's "Subversive Activities Registration Act," passed last year and now officially on the books, states that "every member of a subversive organization, or an organization subject to foreign control, every foreign agent and every person who advocates, teaches, advises or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States ... shall register with the Secretary of State."

There's even a $5 filing fee.

By "subversive organization," the law means "every corporation, society, association, camp, group, bund, political party, assembly, body or organization, composed of two or more persons, which directly or indirectly advocates, advises, teaches or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States [or] of this State."

A PDF of the registration form can be found here, courtesy of FitsNews.

The law also gives subversive organizations "subject to foreign control" 30 days to register with the state after setting up shop in South Carolina.

While the intention of the law is apparently aimed at Islamic terrorists, it's unclear in the law's wording whether it can be applied to right-wing militias, some of whom have reputedly called for the overthrow of the US government. The law states that "fraternal" and "patriotic" groups are exempt from the law, but only if they don't "contemplate the overthrow of the government."

While the law is clearly redundant -- there are plenty of statutes at the state and federal level through which terrorists can be prosecuted -- it reflects a not-uncommon pattern in some states of "doubling down" against particular crimes.

For instance, South Carolina is among those states which require drug dealers to declare their illegal income, or face additional criminal penalties on top of the already established penalties for buying, possessing and selling drugs.

The South Carolina blog FitsNews describes the new law as "bureaucracy for terrorists."

"In the long and storied history of utterly retarded legislation in South Carolina, we may have finally found the legal statute that takes the cake for sheer stupidity, which we think you’ll agree is saying something," the unsigned blog posting scathingly commented.

http://rawstory.com/2010/02/south-carolinas-subversive-activities-registration-act-force/

[cyu]

Excerpts from http://radgeek.com/gt/2010/02/09/civic-duties/

Dear Sir:

I am writing to you today as a member of the Alliance of the Libertarian Left... As advocates of the doctrine of Anarchism... we advocate the deliberate use of illegal tactics such as civil disobedience, and nonviolent direct action in defiance of unjust laws

Members of the A.L.L., both anonymous and open, operate in many states, including in South Carolina.

I believe that our doctrines and activities qualify us as an officially recognized subversive organization, as described in South Carolina Code Title 23 Chapter 29.

Please consider this our notice of subversive activities; I would be honored if you would add our organization to your registry of organizations working for the overthrow of government in South Carolina... When belligerence and inhumanity prevail, the peaceful and the humane must find honor in being categorized as the enemies of the prevailing order. Please keep me updated as to the status of our registration. I look forward to hearing back from you as to our official recognition as enemies of your state and its government.

PS. I am told that there is a “processing fee” in the amount of $5.00 for the registration of a subversive organization. Our organization is in fact so dastardly that we have refused to remit the fee.

[ckaihatsu]

x D





So, if I was to rebel against only 49 of the 50 states of America, not including South Carolina, does that mean I wouldn't be breaking this law? Since, to rebel against America, in itself, I'd have to go against all 50 states.


Hahahahahahaha!!!!!!

This is great...! You're reinventing politics altogether! I wish we could change the state to one that's "cooler", like Oregon, to give them a pass...!

x D


With *this* political position you'd be bringing together the radical-revolutionary side with the staunch anti-communist nationalists...!


x D

[JazzRemington]

Looks like the author's got it wrong. Apparently the law dates from the 1950s as a response to "communist activities". The only reason the law came up recently in the news was because the state tried to repeal it.

http://yro.slashdot.org/story/10/02/15/2319207/Subversives-In-South-Carolina-Mostly-Safe

[chegitz guevara]

I was thinking of registering as an American, since, as an American, I try to control my government.

[mikelepore]

That statement says it's a crime to teach the necessity of "controlling" the government. Presumably the government shouldn't be "controlled." Perhaps the laws should be determined by a selection process that has blindfolded monkeys throwing darts.

To support "conducting" the goverment is also prohibited. Government isn't something that should be "conducted". Doesn't that make outlaws of the legislators themselves?

[ckaihatsu]

Perhaps the laws should be determined by a selection process that has blindfolded monkeys throwing darts.


Ah, yes, blindfolded-monkeyism. It was a notable historical evolution of political process from the more rudimentary and non-truly-random method of simple monkeyism.


x D