FREEDOM OF EXPRESSION

Freedom of Expression & Sedition Paper

Freedom of Expression & Sedition Paper

Introduction

One of the cornerstones of American democracy is freedom of speech and expression, a right which is enshrined in the First Amendment of the U.S. Constitution. Some forms of speech and expression, however, can be construed as an attempt to overthrow the government, and are therefore punishable as acts of sedition. While sedition prosecutions are rare, they do occur, and can be punished by a fine or imprisonment (Lewis, 2007).

Legal Definition

Dictionary defines sedition as "conduct or language inciting rebellion against the authority of a state." Basically, sedition is conduct or language that incites insurrection but does not rise to the level of treason, which is defined as openly declaring war against the United States or aiding its enemies. For a statement or action to be considered seditious, it must constitute a "clear and present danger" to American rights and freedoms (Anderson, 2002).

History

The earliest sedition laws date to Colonial times and were enshrined in British common law. In his "Commentaries," Sir William Blackstone defined the crime of "seditious libel" as any public statement meant to defame or ridicule the government or government officials. While seditious libel was rarely punished under Colonial law, it did restrict freedom of speech. Political writers and pundits were afraid to openly express their opinions for fear it might constitute seditious libel. Even after the U.S. Constitution was enacted, speaking out against the government could still be considered sedition, due to the Sedition Act of 1798. This law allowed the prosecution of anyone who made false statements intended to defame the government or government officials. The law expired in 1801, shortly after the election of President Thomas Jefferson, who staunchly opposed it (Rudanko, 2003).

Famous Cases

Shortly before the Sedition Act expired, a Congressman from Vermont named Matthew Lyon was found guilty of seditious libel for saying that he could not support the Adams administration because he believed they were acting only in their own best interests. Jefferson later pardoned Lyon and everyone else convicted under the law. Even after the Sedition Act expired, prosecutions still occurred. Socialist leader Eugene Debs was convicted for speaking out against World War I, and Charles Schenck and Elizabeth Baer were convicted for passing out anti-draft leaflets. In 1940, leaders of the pro-Nazi organization The German-American Bund were convicted under the anti-sedition law known as the Smith Act (Hughes, 1997).

Current Cases

Even today, prosecution for sedition still occurs. Sheik Omar Abdel Rahman was convicted of sedition in the 1993 World Trade Center bombing, and was sentenced to life in prison. There was not sufficient evidence to prove that Rahman was guilty of treason, but he was convicted of sedition for providing encouragement and support to the bombers. The so-called American Taliban, John Walker Lindh, was also convicted of sedition for conspiracy to murder U.S. nationals. Lindh, a U.S. citizen, had attended terrorist training camps in the Middle East and was actively conspiring against the ...