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Personal Safety and Legality of Communism

Laika

Well-Known Member
Premium Member
As much as I don't want to discourage people from exploring Communist ideas, there are things Comrades, new and old, should be aware of. Whatever your intentions, Communism is treated as a subversive, extremist ideology by anti-communist groups and governments and it is important to be aware this has risks. This list is intended to be indicative of what to look for rather than complete or up to date. Whilst most members live in western countries with traditions of tolerance and personal liberty, it is wise not to be complacent or take these for granted. It's worth doing research for your own local area/state and country to be sure.

Whilst everyone faces dangers online, Communists should be careful to protect their anonymity. Far-right and anti-communist groups can collect personal data, and may use it to issue death threats. Actual violence is rare but something to be aware of.

https://www.google.co.uk/amp/s/amp.theguardian.com/technology/2006/oct/04/news.g2

Given its history of revolutionary and terrorist activity, Communists face many legal restrictions and loss of rights in countries around the world.

Communism is officially banned in some countries including Indonesia, Ukraine (see end of this post), and South Korea. Indonesia places up a seven to ten year prison sentence on those engaged "communist activities". In South Korea a it is up to seven years.

http://www.telesurtv.net/english/ne...Communism-to-Stay-in-Place-20160825-0002.html

https://en.m.wikipedia.org/wiki/National_Security_Act_(South_Korea)

The United States continues to have legal restrictions from the McCarthy era at both Federal and state levels. Communism is legal in the U.S. but some states continue to enforce loyalty oaths and fire subversives from public employment or restrict communist party members from teaching jobs to prevent "indoctrination" of children. Others may deny welfare benifits. Whilst these have been ruled unconstitutional These laws persist and enforced in both liberal and conservative states (including California and Texas) because American politicians continue to fear being seen as "soft on Communism".

https://www.google.co.uk/amp/amp.usatoday.com/story/1940865/

In California in 2008, governer Schwarzenegger vetoed a bill that would have repealed laws prohibiting Communist party members from working in public schools and other public facilities, so this is still very much a "live" issue even in one of Amerjca's most liberal States.

http://mobile.wnd.com/2008/09/76680/

Many countries have bans on. Communist symbols. Many U.S. States such as California, Oklahoma, South Dakota and Minnesota ban the display of Red flags.

Many Former Communist countries in Eastern Europe and the former USSR have bans on Communist symbols, notably the hammer and sickle and the red star.

https://en.m.wikipedia.org/wiki/Bans_on_Communist_symbols

https://en.m.wikipedia.org/wiki/Hammer_and_sickle#Legal_status

https://en.m.wikipedia.org/wiki/Red_star#Legal_status

The U.S. Places restrictions on immigrants seeking to be naturalised as citizens. This includes ideological restrictions against individuals to citizenship with beliefs or membership in organisations that profess communism, totalitarian and anarchism.

https://en.m.wikipedia.org/wiki/Ideological_restrictions_on_naturalization_in_U.S._law

Finally, whilst Communists face difficulty in navigating the limits of free speech and should take care with them given the role political violence in their ideology, certain former communist countries have considered laws equivalent to holocaust denial which prohibit denial of communist atrocities due to the sensitivity of the subject and efforts to preserve collective memory.

special mention belongs to Ukraine where laws were drafted to prevent denial of the "Holomodor" (terror-famine) in 1932-3 as a genocide, but were ultimately not made into law at the time. Nevertheless it is something to be aware of. Anti-communist laws in Ukraine have banned three communist parties in the country, a decision appealed to the European court of human rights, and the situation is on going.

https://en.m.wikipedia.org/wiki/Decommunization_in_Ukraine

Again, this is a guideline and is not a full, complete or up to date list and is purely an rough indication of what to be aware of. If you have anything you wish to add to help members of the Communist sub forums ensure their personal safety online and information regarding legal restrictions in your area, please feel free to do so.

Stay safe Comrades and look out for each other. :)
 

Laika

Well-Known Member
Premium Member
Limits of Free Speech in US Law

As RF is under US legal juristication, Rule 6 (at time of posting) requires members not to advocate or discuss illegal activities.

This post is intended as a rough guide for members and moderators on where the legal boundaries are, particuarly when it comes to discussions regarding political violence. The list below was compiled with out any prior legal expertise. It goes without saying that it is not advisable to test these limits and that moderation staff ultimately have discretion-both within and beyond the stated forum rules- on the content of the forums on behalf of the site owner(s).

Yates v United States (1957)

The Supreme Court decision Yates vs. United States (1957) ruled that the Smith Act 1940 did not prohibit "advocacy of forcible overthrow of the government as an abstract doctorine" as protected under the First Amendment. "Advocacy as an abstract doctorine" is distinguished from "advocacy to action" by being "divorced from any effort to instigate that end".

https://en.m.wikipedia.org/wiki/Yates_v._United_States

Brandenburg v Ohio (1969)

The Supreme Court held that the US government cannot punish inflamatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".

https://en.m.wikipedia.org/wiki/Brandenburg_v._Ohio

"Imminent lawless action" defined the limits of free speech as to what constituted a "clear and present danger" meaning that advocacy of force or criminal activity does not recieve the protection of the First Amendment:

i) if the advocacy is directed to inciting or producing imminent lawless action.

ii) is likely to incite or produce such action.

https://en.m.wikipedia.org/wiki/Imminent_lawless_action

Hess v Indiana (1973)

The standard of "imminent lawless action" as an exemption to protection of free speech was clarified in the decision Hess v Indiana (1973) protecting "advocacy of illegal action at some indefinete future time" for falling outside the scope of imminent lawless action".

https://en.m.wikipedia.org/wiki/Hess_v._Indiana
 

Laika

Well-Known Member
Premium Member
Poland: "Propagation of Communism" Illegal

Very limited information on this but Sources indicate that "propagation of Communism", is illegal in Poland as of April 2016. Four Activists of the Communist Party of Poland (CPP) were sentenced to a 9 month prison sentence with forced labour and a fine for propagating Communism on the Party's newspaper and website.

Poland adopts new anti-communist law - World Socialist Web Site

Polish communists sentenced for propagating communism

Poland court charges communism | international communist press
 

Laika

Well-Known Member
Premium Member
Saudi Arabia: Communism Illegal

Political Parties are banned and speech critical of the government is illegal. Banned (largely Historic) Communist Parties in Saudi Arabia:

Communist Party in Saudi Arabia - Wikipedia

Organization of Saudi Communists - Wikipedia

Arab Socialist Action Party – Arabian Peninsula - Wikipedia

Iran: Communism Illegal

Estimated to be 20 Communist small Parties within Iran operating underground. Current Party organisations are illegal and persecuted for opposition to Islamic Republic.

Communist Party of Iran - Wikipedia

Political parties in Iran - Wikipedia

Worker-communist Party of Iran - Wikipedia
 
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