Did Catherine Crabill Commit a Crime?

Did Catherine Crabill commit a criminal offense in her remarks the other day? I honestly don't know the answer to this question, and am well aware that there are thorny constitutional (and other) issues tied up in this. Having said that, I'm curious and thought I'd open this up to discussion.

First, this is what Catherine Crabill said.

*"We have the chance to fight this battle at the ballot box before we have to resort to the bullet box... That's the beauty of our Second Amendment rights."

*"War is inevitable...let it come!"

*"What we need to decide here and now is not only what is worth living for, but what is worth dying for. And it is time to make that determination because we may very well be called to pledge our lives, our fortunes, and our sacred honor. In fact, I think, I think that's what the clarion call is for this day."

Now, here is what the Smith Act of 1940 says.

It shall be unlawful for any person...to knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or by the assassination of any officer of any such government; with the intent to cause the overthrow or destruction of any government in the United States...

Hmmmmmm...kinda similar to what Crabill was advocating, huh?

By the way, the Smith Act calls for anyone who does advocate overthrowing the government by force or violence "Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction."

Now, let me just emphasize that I strongly disagree with the Smith Act. Let me also note that, historically, it was mainly used to prosecute those on the left politically. Having said that, the Smith Act remains on the books, although "a series of United States Supreme Court decisions in 1957 threw out numerous convictions under the [Act] as unconstitutional." So, although it appears that Catherine Crabill may very well have committed a criminal offense - violation of the Smith Act - prosecuting her for that offense would most likely be unconstitutional (presumably under the first amendment). Having said all that, I sure hope that the FBI, Secret Service, DHS and other relevant authorities are keeping a close eye on this situation.

P.S. Also worth noting, the Smith Act "was proposed by Congressman Howard W. Smith of Virginia, a Democrat and a leader of the 'anti-labor' bloc of Congressmen."