• http://citizenbee.org/user/StudentGuide.aspx?id=655
• http://www.ourdocuments.gov/doc.php?flash=true&doc=16
• http://citizenbee.org/user/StudentGuide.aspx?id=924

Historical Narrative

The President was under fire by members of his own Federalist party, as well as from the Republican opposition. It was 1798, and the United States seemed on the brink of war. An undeclared naval war with France (or “quasi-war,” as it was called,) was already in progress in 1797 as the French seized over 300 American ships. Federalists were calling for a formal declaration of war with France. Republicans, on the other hand, were urging support for France against the British.

President John Adams, against the wishes of many within his Federalist party, wanted to avoid a formal declaration of war. The Sedition Act of 1798 was passed by the Federalist-controlled Congress in 1798 and signed into law by Adams. The law made it a crime to “stir up sedition” or publish “false, scandalous and malicious writing” against the government. (Sedition is speech that incites disloyalty or hatred of the government.)

The government claimed the Sedition Act of 1798 was a war measure, meant to quiet support for the French in their war with England. The law was also in fact designed to silence Republican critics of the Adams administration. Twenty-four journalists—all Republicans—were arrested, including the grandson of Benjamin Franklin, Benjamin Franklin Bache. Ten were convicted under the Sedition Act.

The law was extremely unpopular and caused public opinion to turn sharply against the Federalists. Many, including Thomas Jefferson and James Madison, argued that laws against criticizing those in government violated the First Amendment. The First Amendment says “Congress shall make no law…abridging the freedom of speech, or of the press.”

The United States remained out of the war between France and England, which was one of Adams’s goals. The law was allowed to expire by the Republican-controlled Congress in 1801.

Comprehension and Discussion Questions

1. What was the Sedition Act of 1798?
   
   
2. Why did the federal government say the law was necessary?
   
   
3. What was the public’s reaction to the law?
   
   
4. The Sedition Act did not prevent the publication of material in advance (prior restraint) but rather punished publishers after the fact. Do you believe the law was unconstitutional? Explain.
   
   
5. Should the government have the power to restrict speech that is meant to cause disloyalty:
   • If the nation is at war?
   • If the nation is in an undeclared war?
   • If the nation seems to be on the brink of war?
   • Under any circumstances? Explain.

Answers

1. The Sedition Act of 1798 made it a crime to “stir up sedition” or publish “false, scandalous and malicious writing” against the government.
   
   
2. The government claimed the law was a war measure that was needed to limit support for France.
   
   
3. The law was extremely unpopular and many argued it was unconstitutional violation of the First Amendment.
   
   
4. Some students will say the law was an unconstitutional violation of freedom of speech and press. Punishing someone because of the content of their speech—written or printed—is an abridgement of the right to the free political speech the First Amendment was designed to protect. Others may say the concept of free speech and press as understood by the Congressmen who passed the law was different from the modern idea of those freedoms. They may say that for the national government to provide criminal penalties for “seditious” speech in a time of national crisis would have been in line with tradition and would not have been considered unconstitutional.
   
   
5. Answers will vary.