Seditious speech in the United States

Seditious speech is speech directed at the overthrow of government. It includes speech attacking basic institutions of government, including particular governmental leaders.[1] Its criminalization dates back at least as far as the Alien and Sedition Act.

According to John Cohan, "A delicate line can be crossed, whereby lawful criticism of government may become seditious speech, where associating with others in robust criticism of government may become subversive activities punishable by law".[2] The Brandenburg v. Ohio U.S. Supreme Court decision maintains that seditious speech—including speech that constitutes an incitement to violence—is protected by the First Amendment to the United States Constitution as long as it does not indicate an “imminent” threat.[3]

During World War II, U.S. President Franklin D. Roosevelt pressured Francis Biddle to prosecute seditionists, but Biddle declined, believing it to be unwise.[4] Today's anti-war activists are not prosecuted for seditious speech.[5]

See also

References

  1. ↑ Levinson, Sanford (2004–2005), Pedagogy of the First Amendment: Why Teaching about Freedom of Speech Raises Unique (and Perhaps Insurmountable) Problems for Conscientious Teachers and Their Students, The 52, UCLA L. Rev., p. 1359
  2. ↑ Cohan, John Alan (2003), Seditious Conspiracy, the Smith Act, and Prosecution for Religious Speech Advocating the Violent Overthrow of Government 17, St. John's J. Legal Comment, p. 199
  3. ↑ Brandenburg v. Ohio, 395 U.S. 444 (1969)
  4. ↑ G. R. Stone (2004), Free speech in World War II:" When are you going to indict the seditionists?" (PDF), International Journal of Constitutional Law
  5. ↑ Patriotic Dissent; Herman, Susan N. 45, Washburn L.J., 2005–2006, p. 21
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