Sedation, in its most common use, refers to any process in which a person is sedated so as to render him unconscious. The use of this word is widely used in legal contexts, and refers to any act of rendering a person unconscious for the purpose of avoiding a jury trial. In popular use, however, sedation is used to refer to any and all voluntary process of removing a person from his consciousness to remove him from the path of conduct potentially threatening his interests and those of others. Whether sedation is used to render a person unconscious to commit a crime or to render someone incompetent at a proceeding is not relevant to the question of whether the process violates the Constitution.
Sedation is, in some ways, similar to hypnosis, but it differs in degree of sophistication. Hypnotism is covert, whereas sedation is more of an order of actions. Thus, hypnosis can occur through visual or aural techniques, but in most states of the U.S. law, hypnosis is considered a covert act. On the other hand, sedation is more of an objective state. Thus, while the patient’s will is not suppressed by the administration of drugs, the person’s will is impaired in some way so as to render him insensible to the will of the person he is charged with conspiring against. Thus, what is sedition when it occurs within a U.S. federal felony case is the actual destruction of the individual’s freedom, rather than the suppression of his will.
Two examples of what is sedition are spelled out in the United States constitutional text. The first citation refers to the Sedition Act of 1791, commonly referred to as the Sedition Act. The second citation is from the Fifth Amendment to the United States Bill of Rights, also commonly referred to as the First Amendment. The first citation is the one that mentions the punishment for seditious conspiracy; the second refers to the punishment for attempts to create a national currency. One could therefore conclude that what is sedition has nothing to do with what is seditious.
The first sentence in the United States Constitution, also known as the Sedition Clause, reads: “whenever, either of the said Houses shall convoke either of their Houses, or either of their members, or either of their delegates, to order and congress, to prevent the government of the United States of America from uniting or putting together any body or men.” The Sedition Clause was adopted after the American Revolution and was primarily drafted by Alexander Hamilton, John Jay, and George Washington. It is often referred to as the Whisper clause, because many of the leading statesmen understood that the British Crown was using sedition as a means of stirring up insurrections among American colonists. In modern times, the phrase “what is sedition?” is used to criticize a political party that is considered to be seditious.
What is sedition when compared to what is Coup? The coup, in its modern form, is considered an act of violence perpetrated by a faction to overthrow the elected or appointed government of another. However, this definition excludes groups such as the Citizens’ Union and the Muck Club (which are, technically, a social club). By contrast, it includes any group, faction, or movement that attempts to overthrow an existing government through illegal activities.
What is sedition, in other words, when compared to what is coup, is a legal definition. Under the United States law, there are seven basic types of sedition. The first is “merely inferring”, which is used to describe situations in which there is no legal threat, but which can nonetheless be considered as seditious. For example, publicly printed pamphlets, privately printed books, circulating compact discs or cassettes with messages against specific individuals or specific nations, or publicly printed cards that detail public concerns would all be considered “merely inferring” sedition.
The next type of sedition is “incitement to rebellion or incitation to violence”, which covers situations in which the conduct of an intended unlawful action is intended to further a political or social goal. Examples include but are not limited to, the following: organizing a lynching, distributing forged documents that give purported evidence of an impending coup, or organizing or participating in a terrorist organization. The final, and most widely recognized form of sedition is “advocacy of rebellion or mob violence”. This includes any type of advocacy, protest, or opposition to a public policy, law, or executive order that is likely to result in mass disorder, a rise in communal unrest, or the use of force against civilian populations.
What is sedition if it is committed against a U.S. citizen, however, is not necessarily similar to what is considered federal treason. Sedition is usually considered to be a felony, and has maximum punishments of 15 years in prison. Federal sedition, on the other hand, is a crime against the government, punishable by ten years in prison. If you’re being investigated for sedition or other crimes related to your constitutional rights, it is important that you speak with a qualified attorney immediately. An experienced criminal defense attorney will be able to assess the strength of your case and determine how you can best fight back against those who have targeted you for your beliefs and values.