Florida Statute 876.02 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 876
CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER

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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.

History.—s. 2, ch. 20216, 1941; s. 1137, ch. 71-136; s. 1411, ch. 97-102.

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Amendments to 876.02

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 876.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

S876.02 - SOVEREIGNTY - ADVOCATE CRIMINAL ANARCHY TREASON ETC - F: S

Cases Citing Statute 876.02

Total Results: 2 | Sort by: Relevance | Newest First

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

Cited 6 times | Published | Supreme Court of Florida

...not charged with criminal communism, and (3) being interrogated in a state court they were not entitled to claim the protection of the Fifth Amendment to the Federal Constitution. *801 It is necessary that we refer to and consider F.S. §§ 876.01, 876.02(4, 5) and 876.03, F.S.A., in order to determine whether or not membership in the Communist Party is a crime in this state....

...e Smith Act by the Federal Courts; hence we say the Blau case concludes the point. The questions propounded to the petitioners were in all material respects similar or identical to those propounded to defendant in the Blau case. The act in question, Section 876.02, F.S.A., 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 overthro...

...nt. It has in the main crystallized the last few years from revelations brought to light by legislative investigations, numerous communist trials and what the public has gathered about the aims and purposes of the Communist Party from other sources. Section 876.02(4) and (5), outlawing the Communist Party, contained no finding of fact by the legislature to stimulate its passage but eight years later, when Chapter 25046, Acts of 1949, F.S.A....

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Willie James Simpson Vs State of Florida (Fla. 5th DCA 2023).

Published | Florida 5th District Court of Appeal

...For example, it disarms those who “levy war against” the State or give “aid and comfort” to its enemies, see § 876.32, Fla. Stat. (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....

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