Florida Statutes
Fla. Stat. § 876.02 (2025)
Criminal anarchy, Communism, and other specified doctrines; prohibitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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876.02 Criminal anarchy, Communism, and other specified doctrines; prohibitions.—Any person who:
(1) By word of mouth or writing advocates, advises, or teaches the duty, necessity, or propriety of overthrowing or overturning existing forms of constitutional government by force or violence; of disobeying or sabotaging or hindering the carrying out of the laws, orders, or decrees of duly constituted civil, naval, or military authorities; or by the assassination of officials of the Government of the United States or of the state, or by any unlawful means or under the guidance of, or in collaboration with, officials, agents, or representatives of a foreign state or an international revolutionary party or group; or
(2) Prints, publishes, edits, issues, or knowingly circulates, sells, distributes, or publicly displays any book, paper, document, or written or printed matter in any form, containing or advocating, advising, or teaching the doctrine that constitutional government should be overthrown by force, violence, or any unlawful means; or
(3) Openly, willfully and deliberately urges, advocates, or justifies by word of mouth or writing the assassination or unlawful killing or assaulting of any official of the Government of the United States or of this state because of his or her official character, or any other crime, with intent to teach, spread, or advocate the propriety of the doctrines of criminal anarchy, criminal Communism, criminal Nazism, or criminal Fascism; or
(4) Organizes or helps to organize or becomes a member of any society, group, or assembly of persons formed to teach or advocate such doctrines; or
(5) Becomes a member of, associated with or promotes the interest of any criminal anarchistic, Communistic, Nazistic or Fascistic organization, or helps to organize or becomes a member of or affiliated with any subsidiary organization or associated group of persons who advocates, teaches, or advises the principles of criminal anarchy, criminal Communism, criminal Nazism or criminal Fascism;
shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Arrestable Offenses under F.S. 876.02
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§876.02SOVEREIGNTYADVOCATE CRIMINAL ANARCHY TREASON ETC
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1954–2023 · leading case: State Ex Rel. Feldman v. Kelly, 76 So. 2d 798 (Fla. 1954).
State Ex Rel. Feldman v. Kelly, 76 So. 2d 798 (Fla. 1954). “, as does the Smith Act, provides that if the evidence shows that one is "a member of, associated with * * * or affiliated with" any organization which "advocates, advises, or teaches the duty, necessity or propriety of overthrowing or overturning existing forms of…”
Willie James Simpson Vs State of Florida (Fla. 1st DCA 2023). “(2023), as well as those who advocate the violent overthrow of our state or federal governments or the assassination of government officials, see § 876.02(1), Fla. Stat. (2023). The historical record places beyond any doubt the lawfulness of disarming traitors and rebels.”
— 876.02(1) — 1 case
Willie James Simpson Vs State of Florida (Fla. 1st DCA 2023). “(2023), as well as those who advocate the violent overthrow of our state or federal governments or the assassination of government officials, see § 876.02(1), Fla. Stat. (2023). The historical record places beyond any doubt the lawfulness of disarming traitors and rebels.”
— 876.02(4) — 1 case
State Ex Rel. Feldman v. Kelly, 76 So. 2d 798 (Fla. 1954). “, as does the Smith Act, provides that if the evidence shows that one is "a member of, associated with * * * or affiliated with" any organization which "advocates, advises, or teaches the duty, necessity or propriety of overthrowing or overturning existing forms of…”
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