The Sedition Act of 1798 and the First First Amendment Crisis

No Law ◽  
2008 ◽  
pp. 212-224
Keyword(s):  
2011 ◽  
Vol 12 (1-2) ◽  
pp. 82-103
Author(s):  
Juhani Rudanko

This article focuses on face-threatening attacks on the Madison Administration during the War of 1812. The discussion is framed by the First Amendment to the United States Constitution, with the language of the Amendment protecting freedom of speech, and also by the Sedition Act of 1798, which, if it had been made permanent, would have seriously curtailed freedom of speech. The War of 1812 was intensely unpopular among members of the Federalist Party, and their newspapers did not shy away from criticising it. This article investigates writings published in the Boston Gazette and the Connecticut Mirror during the war. It is shown that the criticism took different forms, ranging from accusing President Madison of “untruths” to painting a picture of what was claimed to be the unmitigated hopelessness of his position, both nationally and internationally, and that the criticism also included harsh personal attacks on his character and motives. It is suggested that some of the attacks may be characterised as exhibiting aggravated impoliteness. The article also considers President Madison’s attitude in the face of the attacks.


Author(s):  
Timothy Zick

This chapter examines the concept of “sedition” and efforts to suppress dissent and disloyalty. President Adams used the Sedition Act of 1798 to prosecute and jail his critics and political opponents. That episode ultimately revealed the “central meaning of the First Amendment”—that Americans must be free to criticize their public officials, even if that criticism is often caustic and unpleasant. Federal and state officials have not proposed reviving the crime of seditious libel. However, several critics of the Trump administration have come under fire and suffered tangible consequences for openly criticizing the president and the Trump administration. As in prior eras, recent efforts to punish sedition and disloyalty pose serious threats to democratic self-government and political discourse.


Author(s):  
Jessica Bregant ◽  
Jennifer K. Robbennolt
Keyword(s):  

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