18 U.S.C. § 1918: Disloyalty and asserting the…

Summary

If someone accepts or keeps a job with the U.S. government or the D.C. government while doing any of these things, they can be punished: urging the overthrow of the U.S. constitutional government; belonging to a group they know urges that; taking part in or claiming a right to strike against those governments; or belonging to an employee group they know claims that right. They can be fined, jailed for up to one year and one day, or both.

Title 18, §1918

Crimes and Criminal Procedure, Source: USLM XML via OLRC

Whoever violates the provision of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he—

(1)advocates the overthrow of our constitutional form of government;

(2)is a member of an organization that he knows advocates the overthrow of our constitutional form of government;

(3)participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or

(4)is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia;

shall be fined under this title or imprisoned not more than one year and a day, or both.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 118r.Aug. 9, 1955, ch. 690, § 3, 69 Stat. 625. [Uncodified.]

June 29, 1956, ch. 479, § 3 (as applicable to the Act of Aug. 9, 1955, ch. 690, § 3, 69 Stat. 625), 70 Stat. 453. The section is rewritten to conform to the style of title 18. The statement of the acts prohibited is supplied from the Act of Aug. 9, 1955, ch. 690, § 1, 69 Stat. 624, which is codified in section 7311 of title 5, United States Code. The words “From and after

July 1, 1956”, appearing in the Act of

June 29, 1956, are omitted as executed. The words “shall be guilty of a felony” are omitted as unnecessary in view of the definitive section 1 of this title. (See reviser’s note under section 550 of this title.)

Editorial Notes

Amendments

1996—Pub. L. 104–294 substituted “fined under this title” for “fined not more than $1,000” in concluding provisions.

§1918 Disloyalty and Asserting the Right to Strike Against the Government