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Thought Crimes

  • Writer: Hunter Blain
    Hunter Blain
  • Sep 17, 2023
  • 2 min read

In 1984, one of the most chilling rules of Oceania (though there are technically no "laws") is that of thoughtcrime. That, just by thinking that the system is flawed or should be changed, you have committed a crime that is punishable by torture or death.


This is (thankfully) not the law of the land, at least explicitly. In common law systems (like the US/Canada), to be convicted of a crime, the defendant must have both a guilty mind and commit a guilty action (called mens rea and actus reas respectively). The "act" piece of culpability doesn't have to be the full crime (remember that attempts and conspiracies can still be prosecuted) but you are free to daydream about committing any kind of atrocity. Just, you know, don't do it.


Pictured: A perfectly legal way to spend an afternoon.


Unfortunately, even with these protections in place, there have absolutely been thought crimes throughout history, even within common law systems. They just didn't call them that. So, here's a look at some terms that are basically thought crimes (or have been used as such).


Sedition

Sedition is defined as causing commotion or promoting rebellion within a country or against an authority. Woodrow Wilson's administration created the Sedition and Espionage Acts, which punished anti-war speeches and pamphlets (among other things). It was never explicitly found to be unconstitutional (though basically everyone agrees it was).


Insubordination

Literally when you no longer treat a "superior" like a superior. If you are in certain places (such as the armed forces), this can just include questioning authority.


Blasphemy/Heresy

Religion has thought crimes too! By the way, in case you didn't know the difference (which I didn't until I looked it up), blasphemy is being disrespectful to religion while heresy is holding opinions that are contrary to official doctrine.


For example, I'm probably a heretic by some people's definitions for being a Christian Witch!


Contempt of Court

This is one of the most loosely defined crimes that we have. It can mean that you are ignoring a subpoena, but can basically be whatever a judge wants. Not respectful enough? Boom. Contempt.


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If you are a free thinker, congratulations! Just be careful.

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