The Sedition Act (lest we forget)

[Protagoras]

The Sedition Act of 1798
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An Act in addition to the act, entitled "An act for the punishment of certain crimes against the United States. "

SEC. I Be it enacted . . ., 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 misdemeanor, 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 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.

SEC. 2. 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 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.

SEC. 3. 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.

SEC. 4. That this act shall continue to be in force until March 3, 1801, and no longer....

[wtbymark]

1. was it renewed?

SEC. 4. That this act shall continue to be in force until March 3, 1801, and no longer....

pretty much a moot point now, but the act does seem to go against the constitution in that as citizens we hold the right to revolt.

[leveymg]

2. No, but the Patriot Act is still on the books.

Smith Act was repealed. Laws against terrorism, conspiracy, riot, illegal assembly, threatening public officials, etc. just about cover every political crime committed by the general public they might want to prosecute. An Official Secrets Act is next - needed to stop expressions of dissent among the elites and within the government.

[Protagoras]

3. Essentially reborn at least twice..and It's a historical document.

We've done it before...realizing it really existed and how sweeping it was...should keep us aware of where we could easily go in the future. That's the point.

Esp. when Rumsfeld is talking about how Newsweek has hurt America's image abroad etc.

And in a way it was renewed...or reborn in in 1861 as noted with the Smith act and THEN AGAIN in 1918...same name again even.

Check it out http://en.wikipedia.org/wiki/Sedition_Act_of_1918

[TahitiNut]

4. Tom DeLay would be prosecutable under Section 2.

When he slandered the Judiciary, he violated Section 2. Tom DeLay is, therefore, guilty of Sedition.

[SaveElmer]

5. Biggest blot on John Adams legacy

He didn't even request it and shouldn't have signed it. Even Alexander Hamilton tried to get it weakened.

[Protagoras]

6. Jefferson placed himself in exile to escape

being put in jail because of it *if* I remember right. I haven't read it yet but I think (if I'm not going senile) I heard Thom Hartmann wrote a good bit about this in his newer book "What would Jefferson do".

Maybe someone who's read it could elaborate.

[SaveElmer]

7. Haven't read that book...

But I doubt Adams would have had the cojones to arrest Jefferson. Primarily aimed at journalists. Both Jefferson and Adams spent most of the summer and fall away from Philly to avoid the Yellow Fever epidemics.

Reading a book now called Adams vs. Jefferson by John Ferling. Talks about the A&S act but makes no mention of anything like this.