Key Documents: Section I. Journalism, Media, and the Law - Antigovernment Issues and National Security

Introduction

Four separate 1798 laws passed by Congress in rapid succession—euphemistically titled The Naturalization Act, The Alien Act, The Alien Enemies Act, and The Sedition Act—comprise The Alien and Sedition Acts. The first three laws allow the president to lengthen residence requirements for citizenship and to remove or imprison aliens deemed dangerous to the country, especially in time of war. The Sedition Act—in particular Section 2—attempts to carry over an ominous British practice of punishing editors, journalists, and others who write and utter views that defame or breed contempt for the government, or who stir up rebellious behavior in the United States.

The Sedition Act clearly targeted pro–Thomas Jefferson publications that criticized the administration of President John Adams. More than a dozen prosecutions were mounted under this law and a number led to the conviction of prominent newspaper publishers. The attempt to silence the press backfired on Adams and apparently contributed to his losing bid for re-election in 1800. The Sedition Act was allowed to expire in 1801.

The Sedition Act was an early example of laws that serve to have a “chilling effect” on certain kinds of writing, speech or political activity. These laws look to punish what should be acceptable behavior by journalists and others after the fact, and then they prompt people to hesitate to write or speak the next time. Other versions of these laws—the 1918 Sedition Act, the Smith Act of 1940, and the USA Patriot Act passed in 2001—coincide with government anxiety over “seditious” activities produced by World War I, the cold war, and the threat of terrorism after the attacks on September 11, respectively.

—Glenn Lewis Volume Editor

Fifth congress of the United States:

At the Second Session,

Begun and help at the city of Philadelphia, in the state of Pennsylvania, on Monday, the thirteenth of November, one thousand seven hundred and ninety-seven.

An Act Concerning Aliens.

SECTION 1. Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the President of the United States at any time during the continuance of this act, to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United States, within such time as shall be expressed in such order, which order shall be served on such alien by delivering him a copy thereof, or leaving the same at [Page 1478]his usual abode, and returned to the office of the Secretary of State, by the marshal or other person to whom the same shall be directed. And in case any alien, so ordered to depart, shall be found at large within the United States after the time limited in such order for his departure, and not having obtained a license from the President to reside therein, or having obtained such license shall not have conformed thereto, every such alien shall, on conviction thereof, be imprisoned for a term not exceeding three years, and shall never after be admitted to become a citizen of the United States. Provided always, and be it further enacted, that if any alien so ordered to depart shall prove to the satisfaction of the President, by evidence to be taken before such person or persons as the President shall direct, who are for that purpose hereby authorized to administer oaths, that no injury or danger to the United States will arise from suffering such alien to reside therein, the President may grant a license to such alien to remain within the United States for such time as he shall judge proper, and at such place as he may designate. And the President may also require of such alien to enter into a bond to the United States, in such penal sum as he may direct, with one or more sufficient sureties to the satisfaction of the person authorized by the President to take the same, conditioned for the good behavior of such alien during his residence in the United States, and not violating his license, which license the President may revoke, whenever he shall think proper.

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