Section V: The Full Statutory Landscape — Current Status Table
| Statute | Still Law? | Enforceability | Recent Use |
|---|---|---|---|
| Sedition Act of 1918 | NO — Repealed 1921 | N/A — does not exist | N/A |
| Espionage Act of 1917 (18 U.S.C. §§ 793–798) | Yes | Actively enforced | Manning (2013), Winner (2018), Teixeira (2023) |
| Smith Act / 18 U.S.C. § 2385 | Yes | Dormant — Brandenburg-neutered | Last significant use: 1960s |
| 18 U.S.C. § 2383 (Rebellion or Insurrection) | Yes | Active | Jan. 6 prosecutions |
| 18 U.S.C. § 2384 (Seditious Conspiracy) | Yes | Actively enforced | Rhodes: 18 yrs (2023); Tarrio: 22 yrs (2023) |
| Communist Control Act of 1954 | Yes — unrepealed | Unenforceable as written | Zero prosecutions since 1954 |
| McCarran Internal Security Act of 1950 | Largely on books | Gutted by courts | Albertson v. SACB (1965) — never enforced |
The Doctrinal Timeline
| Decision | Year | Effect on Anti-Subversion Law |
|---|---|---|
| Schenck v. United States | 1919 | Upheld Espionage Act; coined 'clear and present danger' (narrow test) |
| Abrams v. United States | 1919 | Upheld convictions; Holmes/Brandeis dissents planted broader free-speech protection |
| Dennis v. United States | 1951 | Smith Act convictions of top Communist Party leaders upheld 6–2 |
| Yates v. United States | 1957 | Smith Act reversed for lower-level party members; abstract advocacy protected |
| Noto v. United States | 1961 | Smith Act narrowed further — only concrete preparations for violence, not doctrine |
| Brandenburg v. Ohio | 1969 | Current standard: speech protected unless directed to AND likely to produce imminent lawless action |
| Albertson v. SACB | 1965 | Compelled Communist Party registration violated Fifth Amendment — gutted McCarran Act |