[Roguish Lawyer]

Originally posted by Airbornelawyer
2. 18 U.S.C. 953. This statute is "Private correspondence with foreign governments"and was enacted in 1799. It states, in relevant part, that "[a]ny citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both."

Since 1799, exactly two people have been indicted udner this offense, and neither was convicted. Therefore, the statute has never been tested. It is likely unconstitutional under the First Amendment.

Why do you think it's unconstitutional? I haven't done any research, but my instinct is that there should be no problem. Certainly the policy of the First Amendment is not impaired by the statute, and this power is one quite clearly given to the government.