Advocating Overthrow of Government
Federal: 18 U.S.C. § 2385
Michigan: MCL 750.532
Advocating the overthrow of government is a serious charge under both federal and Michigan law. Under 18 U.S.C. § 2385, it is a federal crime to knowingly advocate, teach, or distribute materials encouraging the overthrow of the U.S. government by force or violence. Michigan law similarly prohibits such conduct under MCL 750.532, which criminalizes attempts to advocate or encourage the overthrow of the state government. These charges often arise from statements, online posts, political rhetoric, group associations, or misinterpreted conversations. Many cases depend heavily on context, intent, and whether the alleged statements were protected speech rather than actual criminal advocacy.
The prosecution must prove that the accused went beyond mere political expression and instead knowingly promoted violent action. Courts frequently examine the surrounding circumstances, the credibility of witnesses, digital communications, and whether any alleged statements were rhetorical, satirical, or taken out of context.
REAL FINE LAWYERS
Zupac Law challenges assumptions about intent, context, meaning, and the distinction between protected speech and unlawful advocacy.
First Amendment considerations are central to the defense of these allegations.
Zupac Law represents clients in the Federal Court for the Eastern District of Michigan, the Oakland County Circuit Court, the Macomb County Circuit Court, and the Detroit Third Circuit Court for Wayne County.
Our approach emphasizes constitutional protections, detailed evidence review, and strategic challenges to government interpretations of speech or expression.
