Archives > 1976 South Carolina Code of Laws - Previous Versions > 2005 Session > Title 23

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Title 23 - Law Enforcement and Public Safety

CHAPTER 29.

SUBVERSIVE ACTIVITIES REGISTRATION ACT

SECTION 23-29-10. Short title.

This chapter may be cited as the "Subversive Activities Registration Act."

SECTION 23-29-20. Definitions.

For the purposes of this chapter the following words, phrases and terms are defined as follows:

(1) "Subversive organization" means every corporation, society, association, camp, group, bund, political party, assembly, body or organization, composed of two or more persons, which directly or indirectly advocates, advises, teaches or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States, of this State or of any political subdivision thereof by force or violence or other unlawful means;

(2) "Organization subject to foreign control" means every corporation, society, association, camp, group, bund, political party, assembly, body or other organization, composed of two or more persons, which comes within either of the following:

(a) it solicits or accepts financial contributions, loans or support of any kind directly or indirectly from, or is affiliated directly or indirectly with, a foreign government or a political subdivision thereof, an agent, agency or instrumentality of a foreign government or political subdivision thereof, a political party in a foreign country or an international political organization or

(b) its policies, or any of them, are determined by or at the suggestion of, or in collaboration with, a foreign government or political subdivision thereof, an agent, agency or instrumentality of a foreign government or a political subdivision thereof, a political party in a foreign country or an international political organization;

(3) "Foreign agent" means any person whose actions, or any of them, are determined by or at the suggestion of, or in collaboration with, a foreign government or political subdivision thereof, an instrumentality or agency of a foreign government or political subdivision thereof, a political party in a foreign country or an international political organization; and

(4) "Business" includes, but is not limited to, speaking engagements.

SECTION 23-29-30. Chapter shall not limit freedom of press or speech.

Nothing in this chapter shall be construed to authorize, require or establish censorship or to limit in any way or infringe upon freedom of the press or of speech as guaranteed by the Constitution of the United States and no regulation shall be promulgated hereunder having that effect.

SECTION 23-29-40. Organizations to which chapter shall not apply.

The terms of this chapter do not apply to any labor union or religious, fraternal or patriotic organization, society or association, or their members, whose objectives and aims do not contemplate the overthrow of the government of the United States, of this State or of any political subdivision thereof by force or violence or other unlawful means.

SECTION 23-29-50. Organizations shall register with Secretary of State.

Every subversive organization and organization subject to foreign control shall register with the Secretary of State on forms prescribed by him within thirty days after coming into existence in this State.

SECTION 23-29-60. Members of organizations shall register with Secretary of State.

Every member of a subversive organization, or an organization subject to foreign control, every foreign agent and every person who advocates, teaches, advises or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States, of this State or of any political subdivision thereof by force or violence or other unlawful means, who resides, transacts any business or attempts to influence political action in this State, shall register with the Secretary of State on the forms and at the times prescribed by him.

SECTION 23-29-70. Information which shall be filed.

Every organization or person coming within the provisions of this chapter shall file with the Secretary of State all information which he may request, on the forms and at the times he may prescribe.

SECTION 23-29-80. Promulgation of rules and regulations.

The Secretary of State may adopt and promulgate any rules and regulations, not inconsistent with the terms of this chapter, which may be necessary to carry out the provisions of this chapter and may alter or repeal such rules and regulations.

SECTION 23-29-90. Penalties.

Any organization or person who violates any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not more than twenty-five thousand dollars or imprisonment for not more than ten years, or by both fine and imprisonment.