Only the attorney general can bring charges of insurrection, which is defined by Title 18, section 2383 of the U.S.C.: While sedition is organized incitement to rebellion or civil disorder against the state’s authority, insurrection involves actual acts of violence against the state or its officers. ![]() The charge of sedition, he continued, did not “require proof of a plot to overthrow the U.S. Last September, for instance, Attorney General Bill Barr encouraged prosecutors to charge Black Lives Matter protesters with sedition if they were believed to have caused violent crimes, such as taking a federal courthouse or other federal property by force. The Justice Department determines what constitutes sedition. Advocating the use of force against the government some time in the future is not considered sedition such speech is protected by the First Amendment. Immediacy is an important element in sedition.
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