Defining Seditious Conspiracy in the Modern Era

The word "sedition" has been used in the past nine months perhaps more often than during the entire 150 years since the American Civil War.  While politicians, pundits, and even ordinary people use the term with abandon, what does it mean legally?  Is it distinct from "treason," and if so, how?  What are the elements of sedition as a federal crime?  How has the federal crime of sedition - 18 U.S.C. §2384 - been used historically, and what have been the results?

This course, presented by criminal law attorney Joshua Dratel, will examine "sedition" in its legal context, and how the federal statute outlawing it has been applied. The course will also evaluate "sedition" in the context of events during the past year, including those of January 6, 2021, at the U.S. Capitol, and their preliminaries and aftermath.

Learning Objectives:

1. Define the federal crime of sedition

2. Examine how the federal law outlawing sedition has been applied

3. Evaluate whether the January 6, 2021 events at the U.S. Capitol meet the elements of seditious conspiracy