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Reply #80: Not only is this standard practice in the USA [View All]

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slaveplanet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-03-06 03:28 PM
Response to Reply #37
80. Not only is this standard practice in the USA
But It was first brought into Law near the very beginning of the republic.

The Sedition Act

In general, sedition means inciting others to resist or rebel against lawful authority. In England, "seditious libel" prohibited virtually any criticism of the king or his officials. English common law held that any spoken or written words that found fault with the king's government undermined the respect of the people for his authority.

The U.S. Sedition Act first outlawed conspiracies "to oppose any measure or measures of the government." Going further, the act made it illegal for anyone to express "any false, scandalous and malicious writing" against Congress or the president. Significantly, the act did not specifically protect the vice-president who, of course, was Jefferson. Additional language punished any spoken or published words that had "bad intent" to "defame" the government or to cause the "hatred" of the people toward it.These definitions of sedition were more specific than those found in English common law. Even so, they were still broad enough to punish anyone who criticized the federal government, its laws, or its elected leaders.

Unlike English common law, the Sedition Act allowed "the truth of the matter" to be a defense. The act also left it to the jury to decide if a defendant had "bad intent." Penalties for different provisions of the law ranged from six months to five years in prison and a fine of up to $5,000 (more than $100,000 in today's dollars).

The Republican minority in Congress argued that sedition laws violated the First Amendment to the U.S. Constitution, which protects freedom of speech and the press. The Federalists countered by defining these freedoms in the narrow English manner. According to English law, freedom of speech and the press only applied before the expression of ideas. The government could not censor or stop someone from expressing ideas. But after the words had been spoken or printed, the government could punish people if they had maliciously defamed the king or his government.The Federalist majority in Congress passed the Sedition Act and President Adams signed it into law on July 14, 1798. It was set to expire on March 3, 1801, the last day of the first and--as it turned out--only presidential term of John Adams

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