2019 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 4 - Public Policy Regarding Communism
Section 12-4-1 - [Policy.]

Universal Citation: NM Stat § 12-4-1 (2019)

That it is the public policy of the state of New Mexico that no communist organization, affiliate of the communist party or supporter or advocate of communistic doctrine or any person or organization which believes in, teaches or advocates the overthrow of the government of the United States or of the state of New Mexico by force or by any illegal or unconstitutional method or means, shall remain within the state and be unknown or unrecognized.

History: 1941 Comp., § 3-107, enacted by Laws 1951, ch. 157, § 1; 1953 Comp., § 4-15-1.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For employment of persons advocating sabotage, sedition or treason being prohibited, see 10-1-12 NMSA 1978.

Secretary's office is only for registration enforcement for local responsibility. — This article quite obviously contemplates that the secretary of state's office shall be merely the office of registration of such persons and organizations, and the secretary of state has no specific duty to enforce the registration of such persons and organizations. The obligation to require the persons defined in this article to register and to prosecute them for failure so to do would lie with the law enforcement authorities of the various districts in which those persons resided and with all law enforcement officials of this state. 1954 Op. Att'y Gen. No. 54-5925.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Sedition, Subversive Activities and Treason §§ 101 to 110.

Right of witness to refuse to answer, on the ground of self-incrimination, as to membership in or connection with party, society, or similar organization or group, 19 A.L.R.2d 388.

Defamatory nature of statements reflecting on plaintiff's religious beliefs, standing, or activities, 33 A.L.R.2d 1196.

Libel and slander: public officer's privilege in connection with accusation that another has been guilty of sedition, subversion, espionage, or similar behavior, 33 A.L.R.3d 1330.

Imputation of allegedly objectionable political or social beliefs or principles as defamation, 62 A.L.R.4th 314.

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