Posted on Aug 6, 2017
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On this day in 1798, one of the most egregious breaches of the U.S. Constitution in history becomes federal law when Congress passes the Sedition Act, endangering liberty in the fragile new nation. While the United States engaged in naval hostilities with Revolutionary France, known as the Quasi-War, Alexander Hamilton and congressional Federalists took advantage of the public’s wartime fears and drafted and passed the Alien and Sedition Acts, without first consulting President John Adams.
The first three acts took aim at the rights of immigrants. The period of residency required before immigrants could apply for citizenship was extended from five to 14 years, and the president gained the power to detain and deport those he deemed enemies. President Adams never took advantage of his newfound ability to deny rights to immigrants. However, the fourth act, the Sedition Act, was put into practice and became a black mark on the nation’s reputation. In direct violation of the Constitution’s guarantee of freedom of speech, the Sedition Act permitted the prosecution of individuals who voiced or printed what the government deemed to be malicious remarks about the president or government of the United States. Fourteen Republicans, mainly journalists, were prosecuted, and some imprisoned, under the act.
In opposition to the Alien and Sedition Acts, Thomas Jefferson and James Madison drafted the Virginia and Kentucky Resolves, declaring the acts to be a violation of the First and Tenth Amendments. President Adams, appalled at where Hamilton and the congressional Federalists were leading the country under the guise of wartime crisis, tried to end the undeclared war with France to undercut their efforts. He threatened to resign from the presidency and leave the Federalists with Republican Vice President Thomas Jefferson if they did not heed his call for peace. Adams succeeded in quashing Hamilton and the Federalists’ schemes, but ended any hope of his own re-election in the process.
The first three acts took aim at the rights of immigrants. The period of residency required before immigrants could apply for citizenship was extended from five to 14 years, and the president gained the power to detain and deport those he deemed enemies. President Adams never took advantage of his newfound ability to deny rights to immigrants. However, the fourth act, the Sedition Act, was put into practice and became a black mark on the nation’s reputation. In direct violation of the Constitution’s guarantee of freedom of speech, the Sedition Act permitted the prosecution of individuals who voiced or printed what the government deemed to be malicious remarks about the president or government of the United States. Fourteen Republicans, mainly journalists, were prosecuted, and some imprisoned, under the act.
In opposition to the Alien and Sedition Acts, Thomas Jefferson and James Madison drafted the Virginia and Kentucky Resolves, declaring the acts to be a violation of the First and Tenth Amendments. President Adams, appalled at where Hamilton and the congressional Federalists were leading the country under the guise of wartime crisis, tried to end the undeclared war with France to undercut their efforts. He threatened to resign from the presidency and leave the Federalists with Republican Vice President Thomas Jefferson if they did not heed his call for peace. Adams succeeded in quashing Hamilton and the Federalists’ schemes, but ended any hope of his own re-election in the process.
Sedition Act becomes federal law - Jul 14, 1798 - HISTORY.com
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War of Independence
War of Independence
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TSgt Joe C. I never knew of the Sedition Acts, if so I must have missed it in history class. Good read/share my friend.
The first three acts took aim at the rights of immigrants. The period of residency required before immigrants could apply for citizenship was extended from five to 14 years, and the president gained the power to detain and deport those he deemed enemies
The first three acts took aim at the rights of immigrants. The period of residency required before immigrants could apply for citizenship was extended from five to 14 years, and the president gained the power to detain and deport those he deemed enemies
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Thanks for reminding us TSgt Joe C. that on July 14, 1798 the US Congress passed the Sedition Act.
On May 16, 1918, the United States Congress passed the Sedition Act, a piece of legislation designed to protect America’s participation in World War I. This followed the passage of the Espionage Act, passed shortly after the U.S. entrance into the war in early April 1917, made it a crime for any person to convey information intended to interfere with the U.S. armed forces’ prosecution of the war effort or to promote the success of the country’s enemies."
"Aimed at socialists, pacifists and other anti-war activists, the Sedition Act imposed harsh penalties on anyone found guilty of making false statements that interfered with the prosecution of the war; insulting or abusing the U.S. government, the flag, the Constitution or the military; agitating against the production of necessary war materials; or advocating, teaching or defending any of these acts. Those who were found guilty of such actions, the act stated, shall be punished by a fine of not more than $10,000 or imprisonment for not more than twenty years, or both. This was the same penalty that had been imposed for acts of espionage in the earlier legislation."
As in the case of the previous 1798 Sedition Act 'modern' "legal scholars consider the act as contrary to the letter and spirit of the U.S. Constitution, namely to the First Amendment of the Bill of Rights."
I had to chuckle at the biased language ion the article you quoted "In direct violation of the Constitution’s guarantee of freedom of speech, the Sedition Act permitted the prosecution of individuals who voiced or printed what the government deemed to be malicious remarks about the president or government of the United States. Fourteen Republicans, mainly journalists, were prosecuted, and some imprisoned, under the act."
FYI, for those interested here is the text of the 1798 act:
"SEDITION ACT.
An act in addition to the act intituled, "An act for the punishment of certain crimes against the United States." [Approved July 14, 1798.]
ABSTRACT.
SECTION I. Punishes combinations against United States government.
1. Definition of offence: Unlawfully to combine or conspire together to oppose any measure of the government of the United States, &c. This section was not complained of.
2. Grade of offence: A high misdemeanour.
3. Punishment: Fine not exceeding $5000, and imprisonment six months to five years.
SECTION II. Punishes seditious writings.
1. Definition of offence: To write, print, utter or publish, or cause it to be done, or assist in it, any false, scandalous, and malicious writing against the government of the United States, or either House of Congress, or the President, with intent to defame, or bring either into contempt or disrepute, or to excite against either the hatred of the people of the United States, or to stir up sedition, or to excite unlawful combinations against the government, or to resist it, or to aid or encourage hostile designs of foreign nations.
2. Grade of offence: A misdemeanour.
3. Punishment: Fine not exceeding $2000, and imprisonment not exceeding two years.
SECTION III. Allows accused to give in evidence the truth of the matter charged as libellous.
SECTION IV. Continues the Act to 3d March, 1801.
Full text
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled. That if any persons shall unlawfully combine or conspire together, with intent to oppose any measure or measures of the government of the United States, which are or shall be directed by proper authority, or to impede the operation of any law of the United States, or to intimidate or prevent any person holding a place or office in or under the government of the United States, from undertaking, performing, or executing his trust or duty: and if any person or persons, with intent as aforesaid, shall counsel, advise, or attempt to procure any insurrection, riot, unlawful assembly, or combination, whether such conspiracy, threatening, counsel, advice, or attempt shall have the proposed effect or not, he or they shall be deemed guilty of a high misdemeanour, and on conviction before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding five thousand dollars, and by imprisonment during a term of not less than six months, nor exceeding five years; and further, at the discretion of the court, may be holden to find sureties for his good behaviour, in such sum, and for such time, as the said court may direct."
SECT. 2. And be it further enacted, That if any person shall write, print, utter, or publish, or shall cause or procure to be written, printed, uttered, or published, or shall knowingly and willingly assist or aid in writing, printing, uttering, or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either House of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either House of the said Congress, or the said President, or to bring them, or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to stir up sedition within the United States; or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the Constitution of the United States; or to resist, oppose, or defeat any such law or act; or to aid, encourage or abet any hostile designs of any foreign nation against the United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.
SECT. 3. And be it further enacted and declared, That if any person shall be prosecuted under this act for the writing or publishing any libel aforesaid, it shall be lawful for the defendant, upon the trial of the cause, to give in evidence in his defence, the truth of the matter contained in the publication charged as a libel. And the jury who shall try the cause shall have a right to determine the law and the fact, under the direction of the court, as in other cases.
SECT. 4. And be it further enacted, That this act shall continue and be in force until the third day of March, one thousand eight hundred and one, and no longer: Provided, That the expiration of the act shall not prevent or defeat a prosecution and punishment of any offence against the law, during the time it shall be in force."
http://www.constitution.org/rf/sedition_1798.htm
FYI LTC Bill Koski LTC Wayne Brandon Sgt Kelli Mays LTC Stephen C. Maj William W. "Bill" Price LTC Ivan Raiklin, Esq. CPT Gabe Snell Capt Tom Brown Capt Seid Waddell MSG Andrew White SFC William Farrell SSgt Robert Marx SGT Robert George SGT Michael Thorin SPC (Join to see) SrA Christopher Wright SP5 Robert Ruck SCPO Morris Ramsey Cpl Joshua Caldwell
On May 16, 1918, the United States Congress passed the Sedition Act, a piece of legislation designed to protect America’s participation in World War I. This followed the passage of the Espionage Act, passed shortly after the U.S. entrance into the war in early April 1917, made it a crime for any person to convey information intended to interfere with the U.S. armed forces’ prosecution of the war effort or to promote the success of the country’s enemies."
"Aimed at socialists, pacifists and other anti-war activists, the Sedition Act imposed harsh penalties on anyone found guilty of making false statements that interfered with the prosecution of the war; insulting or abusing the U.S. government, the flag, the Constitution or the military; agitating against the production of necessary war materials; or advocating, teaching or defending any of these acts. Those who were found guilty of such actions, the act stated, shall be punished by a fine of not more than $10,000 or imprisonment for not more than twenty years, or both. This was the same penalty that had been imposed for acts of espionage in the earlier legislation."
As in the case of the previous 1798 Sedition Act 'modern' "legal scholars consider the act as contrary to the letter and spirit of the U.S. Constitution, namely to the First Amendment of the Bill of Rights."
I had to chuckle at the biased language ion the article you quoted "In direct violation of the Constitution’s guarantee of freedom of speech, the Sedition Act permitted the prosecution of individuals who voiced or printed what the government deemed to be malicious remarks about the president or government of the United States. Fourteen Republicans, mainly journalists, were prosecuted, and some imprisoned, under the act."
FYI, for those interested here is the text of the 1798 act:
"SEDITION ACT.
An act in addition to the act intituled, "An act for the punishment of certain crimes against the United States." [Approved July 14, 1798.]
ABSTRACT.
SECTION I. Punishes combinations against United States government.
1. Definition of offence: Unlawfully to combine or conspire together to oppose any measure of the government of the United States, &c. This section was not complained of.
2. Grade of offence: A high misdemeanour.
3. Punishment: Fine not exceeding $5000, and imprisonment six months to five years.
SECTION II. Punishes seditious writings.
1. Definition of offence: To write, print, utter or publish, or cause it to be done, or assist in it, any false, scandalous, and malicious writing against the government of the United States, or either House of Congress, or the President, with intent to defame, or bring either into contempt or disrepute, or to excite against either the hatred of the people of the United States, or to stir up sedition, or to excite unlawful combinations against the government, or to resist it, or to aid or encourage hostile designs of foreign nations.
2. Grade of offence: A misdemeanour.
3. Punishment: Fine not exceeding $2000, and imprisonment not exceeding two years.
SECTION III. Allows accused to give in evidence the truth of the matter charged as libellous.
SECTION IV. Continues the Act to 3d March, 1801.
Full text
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled. That if any persons shall unlawfully combine or conspire together, with intent to oppose any measure or measures of the government of the United States, which are or shall be directed by proper authority, or to impede the operation of any law of the United States, or to intimidate or prevent any person holding a place or office in or under the government of the United States, from undertaking, performing, or executing his trust or duty: and if any person or persons, with intent as aforesaid, shall counsel, advise, or attempt to procure any insurrection, riot, unlawful assembly, or combination, whether such conspiracy, threatening, counsel, advice, or attempt shall have the proposed effect or not, he or they shall be deemed guilty of a high misdemeanour, and on conviction before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding five thousand dollars, and by imprisonment during a term of not less than six months, nor exceeding five years; and further, at the discretion of the court, may be holden to find sureties for his good behaviour, in such sum, and for such time, as the said court may direct."
SECT. 2. And be it further enacted, That if any person shall write, print, utter, or publish, or shall cause or procure to be written, printed, uttered, or published, or shall knowingly and willingly assist or aid in writing, printing, uttering, or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either House of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either House of the said Congress, or the said President, or to bring them, or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to stir up sedition within the United States; or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the Constitution of the United States; or to resist, oppose, or defeat any such law or act; or to aid, encourage or abet any hostile designs of any foreign nation against the United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.
SECT. 3. And be it further enacted and declared, That if any person shall be prosecuted under this act for the writing or publishing any libel aforesaid, it shall be lawful for the defendant, upon the trial of the cause, to give in evidence in his defence, the truth of the matter contained in the publication charged as a libel. And the jury who shall try the cause shall have a right to determine the law and the fact, under the direction of the court, as in other cases.
SECT. 4. And be it further enacted, That this act shall continue and be in force until the third day of March, one thousand eight hundred and one, and no longer: Provided, That the expiration of the act shall not prevent or defeat a prosecution and punishment of any offence against the law, during the time it shall be in force."
http://www.constitution.org/rf/sedition_1798.htm
FYI LTC Bill Koski LTC Wayne Brandon Sgt Kelli Mays LTC Stephen C. Maj William W. "Bill" Price LTC Ivan Raiklin, Esq. CPT Gabe Snell Capt Tom Brown Capt Seid Waddell MSG Andrew White SFC William Farrell SSgt Robert Marx SGT Robert George SGT Michael Thorin SPC (Join to see) SrA Christopher Wright SP5 Robert Ruck SCPO Morris Ramsey Cpl Joshua Caldwell
SECTION 1. Be it enacted by the Senate and House ofRepresentatives of the United States of America, in Congress assembled.That if any persons shall unlawfully combine or conspire together, with intentto oppose any measure or measures of the government of the United States, whichare or shall be directed by proper authority, or to impede the operation of anylaw of the United States, or to intimidate or prevent any person holding aplace or office...
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