18 U.S.C. § 2102

Definitions

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(a) As used in this chapter, the term “riot” means a public disturbance involving (1) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or (2) a threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.(b) As used in this chapter, the term “to incite a riot”, or “to organize, promote, encourage, participate in, or carry on a riot”, includes, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts.(Added Pub. L. 90–284, title I, § 104(a), Apr. 11, 1968, 82 Stat. 76.)
Notes of Decisions
Cited in 20 cases (7 in the last 5 years), 1968–2024 · leading case: United States v. Michael Miselis, 972 F.3d 518 (4th Cir. 2020).
United States v. Michael Miselis, 972 F.3d 518 (4th Cir. 2020). · cites it 6× “§ 2101 (a)(2), as well as speech “urging” others to riot or “involving” mere advocacy of violence under 18 U.S.C. § 2102 (b). In all other respects, however, the statute comports with the First Amendment.”
United States v. Daley, 378 F. Supp. 3d 539 (W.D. Va. 2019). · cites it 9× “*548 Certain terms employed in § 2101 are further defined in 18 U.S.C. § 2102 . Section 2102(a) defines "riot" as: [A] public disturbance involving (1) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall…”
United States v. Robert Rundo, 990 F.3d 709 (9th Cir. 2021). · cites it 2× “§ 2101 (a), except insofar as subparagraph (2) prohibits speech tending to “organize,” “promote,” or “encourage” a riot, and 18 U.S.C. § 2102 (b) expands the prohibition to “urging” a riot and to mere ** This summary constitutes no part of the opinion of the court.”
United States v. David T. Dellinger, 472 F.2d 340 (7th Cir. 1973). “The crucial subsection here, however, which did not follow the suggestion of the Attorney General, is 18 U.S.C. § 2102 (b), reading as follows: “(b) As used in this chapter, the term ‘to incite a riot’, or ‘to organize, promote, encourage,'participate in, or carry on a riot’,…”
Nat'l Mobilization Comm. to End the War in Viet Nam v. Thomas A. Foran, 411 F.2d 934 (7th Cir. 1969). · cites it 2× “Given a normal and natural construction, much less a narrow interpretation, it is our conclusion that the Riot provisions are not such an encroachment on free speech nor so vague and indefinite as to present a substantial constitutional question.”
United States v. Shamar Betts, 99 F.4th 1048 (7th Cir. 2024). · cites it 2× “18 U.S.C. § 2102 (a). The Act further provides: (b) As used in this chapter, the term “to incite a riot”, or “to organize, promote, encourage, par- ticipate in, or carry on a riot”, includes, but is not limited to, urging or instigating other per- sons to riot, but shall not be…”
In Re Shead, 302 F. Supp. 560 (N.D. Cal. 1969). · cites it 2× “This intent must be to promote, and the overt acts must be committed for the purpose of promoting, the disturbances defined in 18 U.S.C. § 2102 (a), which provides in summary form: As used in this chapter, the term “riot” means a public disturbance involving : 1) acts of…”
United States v. Victor Edwards, 65 F.4th 996 (8th Cir. 2023). “See 18 U.S.C. § 2102 (a). Setting fire to a building falls safely within the type of conduct prohibited by the statute.”
Providence Washington Ins. Co. v. James T. Lynn, in His Capacity as the Sec'y of Hous. & Urban Dev., 492 F.2d 979 (1st Cir. 1974). · cites it 2× “” 18 U.S.C. § 2102 (a). Although plaintiff makes a respectable argument that these laws and HUD’s definition of riot or civil disorder contained in paragraph (C) of the reinsurance contract are inconsistent, we agree neither that any substantial inconsistency can be found, nor,…”
Douglas v. Pitcher, 319 F. Supp. 706 (E.D. La. 1970). · cites it 2× “A comparison between this section and the corresponding section of the federal act, 18 U.S.C.A. § 2102 , reveals that the state act does not include the specific protective language found in the federal act.”
United States v. Markiewicz, 978 F.3d 786 (2d Cir. 1992). “18 U.S.C. § 2102 (a). Three gatherings of Oneidas during a period of one week are cited by *815 the government as fitting this definition of a riot, and we agree.”
Nat'l Mobilization Com. to End War in Viet Nam v. Foran, 297 F. Supp. 1 (N.D. Ill. 1968). “18 U.S.C. § 2102 (b). It is concerned solely with the use of interstate facilities by persons who intend to encourage or participate in acts of violence which pose a clear and present danger to persons and property.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.