South Carolina Requires "Subversives" to Pay $5 Registration Fee

No, really:

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.

I disagree with the article when it says that this statute is "redundant" with current laws against terrorism. Advocating mass murder is not the same as committing it - advocating it is protected free speech. The article equates the law with those which imposes a tax on the proceeds of crime, but again, one has to commit a crime to profit from it. This statute is unconstitutional on its face.

While clearly aimed at brown people, the article raises the obvious question:

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."

To the extent there is any enforcement of this statute, I think it will be held to be unconstitutional as applied, because Tea Party types calling for the unconstitutional removal of Obama from office will tacitly be exempted from it.

I tend to agree with this:

"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."

(Via.)

Comments

[J. A. Baker]

"To the extent there is any enforcement of this statute, I think it will be held to be unconstitutional as applied, because Tea Party types calling for the unconstitutional removal of Obama from office will tacitly be exempted from it."

If this had come up a month ago, I probably would've agreed with you on this point. However, in light of the ruling in the Citizens United case, I'm quite certain that the Roberts court would give this statute their seal of approval.