Florida Statute 876.22 - Full Text and Legal Analysis

876.22 Subversive activities law; definitions.—As used in ss. 876.23-876.31:

(1) “Organizations” means an organization, corporation, company, partnership, association, trust, foundation, fund, club, society, committee, political party, or any group of persons, whether or not incorporated, permanently or temporarily associated together for joint action or advancement of views on any subject or subjects.

(2) “Subversive organization” means any organization which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or advocate, abet, advise, or teach activities intended to overthrow, destroy, or to assist in the overthrow or destruction of the constitutional form of the Government of the United States, the constitution or government of the state, or of any political subdivision of either of them, by revolution, force, violence, or other unlawful means.

(3) “Foreign subversive organization” means any organization directed, dominated, or controlled, directly or indirectly, by a foreign government which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or to advocate, abet, advise, or teach, activities intended to overthrow, destroy, or to assist in the overthrow or destruction of the constitutional form of the Government of the United States, or of this state, or of any political subdivision of either of them, and to establish in place thereof any form of government the direction and control of which is to be vested in, or exercised by or under, the domination or control of any foreign government, organization, or individual.

(4) “Foreign government” means the government of any country, nation, or group of nations other than the Government of the United States or of one of the states thereof.

(5) “Subversive person” means any person who commits, attempts to commit, or aids in the commission, or advocates, abets, advises, or teaches by any means any person to commit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy, or to assist in the overthrow or destruction of the constitutional form of the Government of the United States, or of this state, or any political subdivision of either of them, by revolution, force, violence, or other unlawful means; or who is a member of a subversive organization or a foreign subversive organization.

History.—s. 1, ch. 28221, 1953.

Cases Citing F.S. 876.22

Fla. Stat. § 876.22 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·State v. Diez, 97 So. 2d 105 (Fla. 1957).
Cited 7 times | Published | Supreme Court of Florida
...In this act criminal anarchy, criminal communism, criminal nazi-ism and criminal fascism were denounced. Then followed the enactment of Chapter 25046, supra, one section of which, now 876.05, supra, we are now considering. Afterward the legislature passed Chapter 28221, Laws of Florida, Acts of 1953, F.S.A. § 876.22 et seq., condemning communism and its kind and all their works....
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Cited as authorityCramp (1961)
phrase: "rule_authority"
UpheldCramp (1960)
phrase: "upheld in"
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·State Ex Rel. Feldman v. Kelly, 76 So. 2d 798 (Fla. 1954).
Cited 6 times | Published | Supreme Court of Florida
...the Soviet Union and are dedicated to teaching and advocating the overthrow of constitutional government by force and violence and that proof of one's affiliation or membership in such organizations is a felony under the Smith Act (or under Sections 876.22 to 876.24, F.S.A.) Eisler v....
...s and of Florida by force or violence", that its methods "include treachery, deceit, infiltration into governmental and other institutions, espionage, sabotage, terrorism and other unlawful means". As a prelude to Chapter 28221, Acts of 1953, F.S.A. § 876.22 et seq., an act to protect against subversive activities, there was a similar legislative finding, to which was attached the further finding that the objective of the Communist Party was "the establishment of totalitarian dictatorship in al...
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Cited as authorityLandeverde (2000)
phrase: "rule_authority"
Cited as authorityGoswick (1962)
phrase: "rule_authority"
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·Gibson v. Florida Legislative Investigation Comm., 108 So. 2d 729 (Fla. 1958).
Cited 6 times | Published | Supreme Court of Florida
...e the scope of Commonwealth of Pennsylvania v. Nelson, supra. In State v. Diez, Fla. 1957, 97 So.2d 105, we ourselves have previously taken note of the Nelson decision. As against the identical contention now submitted by these appellants, we upheld Section 876.22, Florida Statutes, F.S.A., requiring a so-called Loyalty Oath as a condition to public employment in this state....
...It appears to us that it would be unthinkable to hold that a state legislature is powerless to prohibit such conduct or the holding of such assemblies within the geographical confines of the state itself. By Chapter 28221, Laws of Florida 1953, commonly known as the subversive activities law, Sections 876.22-876.31, Florida Statutes, F.S.A., the Legislature of Florida has undertaken to define various subversive organizations....
0 red0 yellow1 green4 procedural
FollowedGibson (1960)
phrase: "followed by"
Cert. deniedGibson (1963)
phrase: "cert. denied"
Cert. deniedGibson (1960)
phrase: "certiorari denied"
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Cases Citing F.S. 876.22

·State v. Diez, 97 So. 2d 105 (Fla. 1957).

·State Ex Rel. Feldman v. Kelly, 76 So. 2d 798 (Fla. 1954).

·Gibson v. Florida Legislative Investigation Comm., 108 So. 2d 729 (Fla. 1958).