http://www.wnd.com/index.php?fa=PAGE.view&pageId=124830Bloggers have been having fun in recent days with a state law in South Carolina that requires "subversives" to register with the state or face a possible fine of $25,000 and a jail term of 10 years.
"Is it really any wonder that the Palmetto State perpetually ranks first in everything bad and last in everything good? Or that half of our citizens can't walk and chew gum simultaneously?" jested FitsNews.com about the state's "Subversive Activities Registration Act."
Another noted the act states anyone who advocates overthrowing the government of the U.S. "shall register with the secretary of state."
But state officials told WND the law, which has been on the books since 1952, allows specifically for freedom of speech to criticize the government and could be used today to enhance the prosecution of anyone suspected of terror-related crimes.
The law is fairly brief, citing penalties of up to $25,000 in fines and/or 10 years in jail for failing to comply with the requirement that "every subversive organization and organization subject to foreign control shall register with the secretary of state on forms prescribed by him within 30 days after coming into existence in this state."
The law defines "subversives" as "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."
Some bloggers argue the law seems to conflict with the Declaration of Independence' statement that it is the right of citizens to overthrow a government that has become corrupt and abusive.
The one and only document registration under South Carolina's "Subversives Act"
Gene McCaskill, the senior executive assistant in the state attorney general's office, told WND the law was adopted at the height of the "Red Scare," the public concern in the 1950s over the advance of communism. It may have been enacted to address concerns about communists infiltrating the United States, he said.
McCaskill said the law as it was written is very much a valid statute in today's war on terror that could be used to prosecute anyone suspected of terror-related acts.
"If someone were charged with an act of terrorism, he also could be charged under this law," he said.
The law provides an enhancement to the potential penalty for a conviction, much in the same way some states adopt "drug stamp tax" laws that require drug dealers to purchase permits to operate and pay taxes on their income.
While no one really expects a drug dealer to comply, it becomes an additional hammer for prosecutors when dealers are arrested.
McCaskill also said the act itself protects freedom of speech for critics of government.
The law itself states, "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."
South Carolina Secretary of State Mark Hammond told WND that in his research on the law, he found only one instance in which a filing was submitted to his office, and that happened just days ago.
"I think that a lot of people are having fun with this," he told WND. "I think a lot of people felt like this was a new piece of legislation, to have fun, to try to raise questions."
The only filing on record under the state's "Subversive Agent Form" is from Steve Kempf, who gives an address in Grove City, Ohio.
He checked the "yes" box when asked, "Do you or your organization directly or indirectly advocate, advise, teach or practice the duty or necessity of controlling, seizing or overthrowing the government of the United States, the state of South Carolina or any political division thereof?"
"I believe the United States is headed for Theocracy. In order to circumvent this, I have proposed counter-measures. These include, but are not limited to: Kicking republicans (sic) present, laughing during speeches made by such fools (sic)," the application states.
Hammond said it came with a $5 payment for the registration, as required by law. The registration was stamped by the state Feb. 10.
The issue of government crackdowns on speech and ideology, however, is anything but a joking matter.
WND reported last year when a state agency in Missouri identified individuals with "radical" ideologies based on Christian views, such as opposing illegal immigration, abortion and federal taxes, as potential terrorists.
Ultimately, Chief James Keathley of the Missouri State Patrol said the report caused him to review the procedures through which it was released.
He said the report's warning about those who hold Christian views was created by a Missouri Information Analysis Center employee, reviewed by the agency's director and sent immediately to law enforcement agencies across Missouri.
"The militia report was never reviewed by me or by the director of public safety, John Britt, at any point prior to its issuance," Keathley said. "Had that report been reviewed by either my office or by leaders of the Department of Public Safety, it would never have been released to law enforcement agencies."
Keathley said the report "does not meet" the needed standard for "intelligence." So he ordered its distribution to be halted.
But his warning prompted Americans for Legal Immigration to issue a "national advisory" against relying on any such reports.
Learn how to foil those who would damage the nation. Get "Taking America Back" now from the WND Superstore.
The Missouri document, the group said, "attempted to politicize police and cast suspicion on millions of Americans. The 'Missouri Documents,' as they came to be called, listed over 32 characteristics police should watch for as signs or links to domestic terrorists, which could threaten police officers, court officials, and infrastructure targets."
"Police were instructed to look for Americans who were concerned about unemployment, taxes, illegal immigration, gangs, border security, abortion, high costs of living, gun restrictions, FEMA, the IRS, The Federal Reserve, and the North American Union/SPP/North American Community. The 'Missouri Documents' also said potential domestic terrorists might like gun shows, short wave radios, combat movies, movies with white male heroes, Tom Clancey novels, and Presidential Candidates Ron Paul, Bob Barr, and Chuck Baldwin!" ALIPAC wrote.
"When many of us read these Missouri Documents we felt that the false connections, pseudo research, and political attacks found in these documents could have been penned by the SPLC and ADL," said William Gheen of ALIPAC. "We were shocked to see credible law enforcement agencies disseminating the same kind of over the top political propaganda distributed by these groups."
The Missouri controversy was just the tip of the iceberg, however. WND reported only weeks later when a Department of Homeland Security report warned against the possibility of violence by unnamed "right-wing extremists" concerned about illegal immigration, increasing federal power, restrictions on firearms, abortion and the loss of U.S. sovereignty and singled out returning war veterans as particular threats.
The report, "Right-wing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment," dated April 7, stated that "threats from white supremacist and violent anti-government groups during 2009 have been largely rhetorical and have not indicated plans to carry out violent acts."
However, the document, first reported by talk-radio host and WND columnist Roger Hedgecock, went on to suggest worsening economic woes, potential new legislative restrictions on firearms and "the return of military veterans facing significant challenges reintegrating into their communities could lead to the potential emergence of terrorist groups or lone wolf extremists capable of carrying out violent attacks."
The report from DHS' Office of Intelligence and Analysis defined right-wing extremism in the U.S. as "divided into those groups, movements and adherents that are primarily hate-oriented (based on hatred of particular religious, racial or ethnic groups) and those that are mainly anti-government, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely. It may include groups and individuals that are dedicated to a single issue, such as opposition to abortion or immigration."
Most notable was the report's focus on the impact of returning war veterans.
"Returning veterans possess combat skills and experience that are attractive to right-wing extremists," it said. "DHS is concerned that right-wing extremists will attempt to recruit and radicalize veterans in order to boost their violent capacities."
Topic: State to 'subversives': Register or go to jail (Read 1120 times)