Sedition Act of 1918
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The Sedition Act of 1918 was an amendment to the Espionage Act of 1917 passed at the urging of President Woodrow Wilson, who was concerned any widespread dissent in time of war constituted a real threat to an American victory. This may have been due to "subversive activity" in Russia that resulted in the overthrow of the Russian Czar in 1917, and contributed to the Easter Rising in Ireland in 1916. "Subversive activity" in Great Britain was less successful.
The Sedition Act forbade Americans to use "disloyal, profane, scurrilous, or abusive language" about the United States government, flag, or armed forces during war. The act also allowed the Postmaster General to deny mail delivery to dissenters of government policy during wartime.
The Sedition Act was an attempt by the United States government to limit freedom of speech during a time of war. This is in conflict with the US Constitution's First Amendment, which states, in part: "Congress shall make no law... abridging the freedom of speech, or the press". Note that there is no "war" exception (or any exceptions whatsoever) to this freedom stated in the text of the amendment.
The Espionage Act made it a crime to help wartime enemies of the United States, but the Sedition Act made it a crime to utter, print, write or publish any disloyal, profane, scurrilous, or abusive language about the United States' form of government.
Socialist Eugene V. Debs was sentenced to 10 years in prison under this law. U.S. citizens including members of the Industrial Workers of the World union were also imprisoned during World War I for their anti-war dissent under the provisions of the Sedition Act. Anti-war protestors were arrested by the hundreds as speaking out against the draft and the war was illegal under this law.
In his 1941 book Censorship 1917, James Mock noted that most U.S. newspapers "showed no antipathy toward the act" and "far from opposing the measure, the leading papers seemed actually to lead the movement in behalf of its speedy enactment."
The Sedition Act was repealed in 1921. Although the Sedition Act was upheld by the U.S. Supreme Court in Schenck v. United States, most legal experts view the Sedition Act as being antithetical to the letter and spirit of the United States Constitution, specifically the 1st Amendment of the Bill of Rights.
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[edit] Text of the Sedition Act
[edit] Section 3
- Whoever, when the United States is at war, shall willfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States, or to promote the success of its enemies, or shall willfully make or convey false reports or false statements, or say or do anything except by way of bona fide and not disloyal advice to an investor or investors, with intent to obstruct the sale by the United States of bonds or other securities of the United States or the making of loans by or to the United States, and whoever when the United States is at war, shall willfully cause or attempt to cause, or incite or attempt to incite, insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or shall willfully obstruct or attempt to obstruct the recruiting or enlistment services of the United States, and whoever, when the United States is at war, shall willfully utter, print, write or publish any disloyal, profane, scurrilous, or abusive language about the form of government of the United States or the Constitution of the United States, or the military or naval forces of the United States, or the flag of the United States, or the uniform of the Army or Navy of the United States into contempt, scorn, contumely, or disrepute, or shall willfully utter, print, write, or publish any language intended to incite, provoke, or encourage resistance to the United States, or to promote the cause of its enemies, or shall willfully display the flag of any foreign enemy, or shall willfully by utterance, writing, printing, publication, or language spoken, urge, incite, or advocate any curtailment of production in this country of any thing or things, product or products, necessary or essential to the prosecution of the war in which the United States may be engaged, with intent by such curtailment to cripple or hinder the United States in the prosecution of war, and whoever shall willfully advocate, teach, defend, or suggest the doing of any of the acts or things in this section enumerated, and whoever shall by word or act support or favor the cause of any country with which the United States is at war or by word or act oppose the cause of the United States therein, shall be punished by a fine of not more than $10,000 or the imprisonment for not more than twenty years, or both: Provided, That any employee or official of the United States Government who commits any disloyal act or utters any unpatriotic or disloyal language, or who, in an abusive and violent manner criticizes the Army or Navy or the flag of the United States shall be at once dismissed from the service...
[edit] Section 4
- When the United States is at war, the Postmaster General may, upon evidence satisfactory to him that any person or concern is using the mails in violation of any of the provisions of this Act, instruct the postmaster at any post office at which mail is received addressed to such person or concern to return to the postmaster at the office at which they were originally mailed all letters or other matter so addressed, with the words "Mail to this address undeliverable under Espionage Act" plainly written or stamped upon the outside thereof, and all such letters or other matter so returned to such postmasters shall be by them returned to the senders thereof under such regulations as the Postmaster General may prescribe.
