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The Sedition Act Of 1798 And The Incorporation Of Seditious Libel Into First Amendment Jurisprudence, Christopher D. Jenkins

Theses, Dissertations and Capstones

On July 14, 1798, more than six years after the ratification of the First Amendment, the Federalist controlled Congress of the United States passed the Sedition Act. This Act, codifying the substantive English common law of seditious libel, made it a federal crime to publish defamatory matter against the Congress, President, or government of the United States. Republican critics of the act argued it to be unconstitutional as a violation of Congress’ limited powers, and the First Amendment’s press clause. Federalists, however, interpreted this clause to permit prosecutions for seditious libel. The ensuing public controversy over the Sedition Act represented …