No joke: South Carolina now requires ’subversives’ to register
Friday, February 5th, 2010 -- 11:49 am
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.
The South Carolina Legislative Council is offering access to the unannotated South Carolina Code of Laws on the Internet as a service to the public. The unannotated South Carolina Code on the General Assembly's website is now current through the 2009 session. The unannotated South Carolina Code, consisting only of Code text and numbering, may be copied from this website at the reader's expense and effort without need for permission.
The Legislative Council is unable to assist users of this service with legal questions. Also, legislative staff cannot respond to requests for legal advice or the application of the law to specific facts. Therefore, to understand and protect your legal rights, you should consult your own private lawyer regarding all legal questions.
While every effort was made to ensure the accuracy and completeness of the unannotated South Carolina Code available on the South Carolina General Assembly's website, the unannotated South Carolina Code is not official, and the state agencies preparing this website and the General Assembly are not responsible for any errors or omissions which may occur in these files. Only the current published volumes of the South Carolina Code of Laws Annotated and any pertinent acts and joint resolutions contain the official version.
Please note that the Legislative Council is not able to respond to individual inquiries regarding research or the features, format, or use of this website. However, you may notify Legislative Printing, Information and Technology Systems at LPITS@scstatehouse.gov regarding any apparent errors or omissions in content of Code sections on this website, in which case LPITS will relay the information to appropriate staff members of the South Carolina Legislative Council for investigation.
SECTION 23-29-10. Short title.
This chapter may be cited as the "Subversive Activities Registration Act."
SECTION 23-29-20. Definitions.
For the purposes of this chapter the following words, phrases and terms are defined as follows:
(1) "Subversive organization" 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, of this State or of any political subdivision thereof by force or violence or other unlawful means;
(2) "Organization subject to foreign control" means every corporation, society, association, camp, group, bund, political party, assembly, body or other organization, composed of two or more persons, which comes within either of the following:
(a) it solicits or accepts financial contributions, loans or support of any kind directly or indirectly from, or is affiliated directly or indirectly with, a foreign government or a political subdivision thereof, an agent, agency or instrumentality of a foreign government or political subdivision thereof, a political party in a foreign country or an international political organization or
(b) its policies, or any of them, are determined by or at the suggestion of, or in collaboration with, a foreign government or political subdivision thereof, an agent, agency or instrumentality of a foreign government or a political subdivision thereof, a political party in a foreign country or an international political organization;
(3) "Foreign agent" means any person whose actions, or any of them, are determined by or at the suggestion of, or in collaboration with, a foreign government or political subdivision thereof, an instrumentality or agency of a foreign government or political subdivision thereof, a political party in a foreign country or an international political organization; and
(4) "Business" includes, but is not limited to, speaking engagements.
SECTION 23-29-30. Effect on freedom of press or speech.
Nothing in this chapter shall be construed to authorize, require or establish censorship or to limit in any way or infringe upon freedom of the press or of speech as guaranteed by the Constitution of the United States and no regulation shall be promulgated hereunder having that effect.
SECTION 23-29-40. Organizations exempt from application of chapter.
The terms of this chapter do not apply to any labor union or religious, fraternal or patriotic organization, society or association, or their members, whose objectives and aims do not contemplate the overthrow of the government of the United States, of this State or of any political subdivision thereof by force or violence or other unlawful means.
SECTION 23-29-50. Registration by subversive and foreign-controlled organizations.
Every subversive organization and organization subject to foreign control shall register with the Secretary of State on forms prescribed by him within thirty days after coming into existence in this State.
SECTION 23-29-60. Registration of members of subversive and foreign-controlled organizations.
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, of this State or of any political subdivision thereof by force or violence or other unlawful means, who resides, transacts any business or attempts to influence political action in this State, shall register with the Secretary of State on the forms and at the times prescribed by him.
SECTION 23-29-70. Forms and schedule for filing information.
Every organization or person coming within the provisions of this chapter shall file with the Secretary of State all information which he may request, on the forms and at the times he may prescribe.
SECTION 23-29-80. Promulgation of rules and regulations.
The Secretary of State may adopt and promulgate any rules and regulations, not inconsistent with the terms of this chapter, which may be necessary to carry out the provisions of this chapter and may alter or repeal such rules and regulations.
SECTION 23-29-90. Penalties.
Any organization or person who violates any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not more than twenty-five thousand dollars or imprisonment for not more than ten years, or by both fine and imprisonment.
Posts
