Publication Date
1970
Abstract
In the wake of civil disorders which depredated many of America's cities, and in response to public outrage at such events, Congress enacted the Riot Act of 1968. The statute proscribes a twofold event. To violate the statute, an individual must travel in interstate commerce, or use some facility thereof, with an intent to incite a riot, and at some later time that individual must perform an overt act in furtherance of his intent. Yet the statute is a rather feeble attempt to exorcise the violent reaction to the rampant racial and social evils which have permeated the twentieth century. Riots are but an expression, a manifestation of deep-seated problems and repressions; thus it is important to remember that an effective riot deterrent-such as criminal proscription-is not an efficacious cure for the actual causes of riots. In fact, it is arguable that further repression, in the form of anti-riot laws, serves, not to abate violence, but only to incense many citizens to more violence. Furthermore, since all fifty states have criminal sanctions for riotous behavior, there is serious doubt as to whether the Federal Act materially adds to existing law enforcement tools. Thus, the Riot Act of 1968 is a somewhat dubious panacea for social disorder in America.
Recommended Citation
G., D. S.
(1970)
"The Riot Act of 1968: Congress Rides a Trojan Horse,"
Georgia Law Review: Vol. 4:
No.
2, Article 7.
Available at:
https://digitalcommons.law.uga.edu/glr/vol4/iss2/7