§ 14-12.1. Certain subversive activities made unlawful. - North Carolina Statutes

§14‑12.1.  Certain subversive activities made unlawful.

It shall be unlawful for anyperson to:

(1)        By word of mouth orwriting advocate, advise or teach the duty, necessity or propriety ofoverthrowing or overturning the government of the United States or a politicalsubdivision of the United States by force or violence; or,

(2)        Print, publish,edit, issue or knowingly circulate, sell, distribute or publicly display anybook, paper, document, or written or printed matter in any form, containing oradvocating, advising or teaching the doctrine that the government of the UnitedStates or a political subdivision of the United States should be overthrown byforce, violence or  any unlawful means; or,

(3)        Organize or help toorganize or become a member of or voluntarily assemble with any society, groupor assembly of persons formed to teach or advocate the doctrine that thegovernment of the United States or a political subdivision of the United Statesshould be overthrown by force, violence or any unlawful means.

Any person violating theprovisions of this section shall be punished as a Class H felon.

Whenever two or more personsassemble for the purpose of advocating or teaching the doctrine that thegovernment of the United States or a political subdivision of the United Statesshould be overthrown by force, violence or any unlawful means, such an assemblyis unlawful, and every person voluntarily participating therein by hispresence, aid or instigation, shall be punished as a Class H felon.

Every editor or proprietor ofa book, newspaper or serial and every manager of a partnership or incorporatedassociation by which a book, newspaper or serial is issued, is chargeable withthe publication of any matter contained in such book, newspaper or serial. Butin every prosecution therefor, the defendant may show in his defense that thematter complained of was published without his knowledge or fault and againsthis wishes, by another who had no authority from him to make the publicationand whose act was disavowed by him as soon as known.

No person shall be employed byany department, bureau, institution  or agency of the State of North Carolinawho has participated in any of the activities described in this section, andany person now employed by any department, bureau, institution or agency andwho has been or is engaged in any of the activities described in this sectionshall be forthwith discharged. Evidence satisfactory to the head of suchdepartment, bureau, institution or agency of the State shall be sufficient forrefusal to employ any person or cause for discharge of any employee for thereasons set forth in this paragraph. (1947, c. 1028; 1953, c. 675,s. 2; 1979, c. 760, s. 5; 1979. 2nd Sess., c. 1316, s. 47; 1981, c.63, s. 1; c. 179, s. 14.)