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Sedition was devised as a tool in 13th century Britain to suppress the freedom of the printing press and its ability to criticise the King. The Sedition Act, 1661 imposed punishment on anyone who wrote, printed or preached any words against the King. It evolved to mean slander and libel against the reputation or actions of government officials and judges. The goal was to protect the faith that the common person had in the government and to avoid a ‘breach of peace’ in society.
- Charles II, 1661: An Act for Safety and Preservation of His Majesties Person and Government against Treasonable and Seditious practices and attempts.
US Introduced Sedition to Protect the Federal Government
In 1798, the Sedition Act was passed under the presidency of John Adams, to criminalise the making of false statements against the federal government. It was designed to expire in 1801 since the justification for making these laws was the protection of the government during the Quasi-War.
The mention and criminalisation of sedition was next seen during World War I. Section 3 of The Sedition Act, 1918 was drafted to punish anyone making false statements that interfered with the U.S. war efforts. This included insulting the U.S. government, flag, Constitution or military.
The most prominent case in this regard is In Re Debs, where a socialist worker Eugene Debs was sentenced to 10 years in prison for an anti-war speech. Justice Oliver Wendell Holmes stated that the freedom of speech and expression could be curtailed under certain circumstances.
In 1921 the Act was repealed. The case of Sullivan v New York Times upheld the freedom of speech under the First Amendment, which affected the treatment of libel. The U.S. Supreme Court held that unless a statement was made with malice or reckless disregard for the truth, the First Amendment protected the criticism of public officials.
