The Study Of The Sedition Act Of1798

Freedom of speech is named the foundation of democracy, but no country hasabsolute freedom of speech in the world. It seems that the contradictory situationrepeats in many countries."Literary inquisition" is not a Chinese special case, eventhe United State of America which had promulgated "the first declaration of humanrights"--the Declaration of independence in1776, and the first written Constitution inmodern times--the Constitution of the United States of America in1781, does notescape this paradox. After enacting the First Amendment, the Sedition Act passed bythe U.S. Congress in July1798, this is the best explanation for this paradox.The Sedition Act of1798was singed by President John Adams who served ascounsel of the" Boston Massacre" related litigation, and he was the first presidentafter the America split into the federal party and the republican party. In the1790s thestruggle between political parties evolved more strongly, the newspaper had becomethe weapon of the two political parties that attacked each other. Meanwhile, there wasin the smoke of war between the United Kingdom and the France, America finallyissued a proclamation that the United States would remain neutral in the conflict, inorder to find opportunities of development. Therefore, when signing the Jay Treatywith the United Kingdom, America also prepared for the talks with France, howeverthe XYZ Affair made the relation between America and France into deadlock. In thisbackground, the Sedition Act of1798was formally promulgated. The enactment of the Sedition Act of1798was sensitive time, which was lessthan ten years after the adoption of the First Amendment. It seems that the FirstAmendment is not compatible with the Sedition Act of1798, but it is wonderful toappear in American society. The Sedition Act of1798is subject to the relevantprovisions of the Constitution either on the program or on the contents, it does notviolate the Constitution. Additionally, in the case of domestic and foreignenvironment, it is necessary to pass the Sedition Act, and some restrictions on thefreedom of speech should be allowed. The Sedition Act of1798is the first time toestablish the truth of the matter as defence in the form of legislation in America.The adoption of the Sedition Act was not welcomed by all states, it wasunpopular in some places, Virginia and Kentucky vigorously opposed it, theypublished Virginia and Kentucky Resolutions. The two resolutions protest against theSedition Act of1798in the form of official documents, one important basis of them isthat the Sedition Act of1798is not authorized by the Constitution, and annihilation ofthe state governments. According to the interpretation of the Constitution, the SeditionAct of1798is in the scope of powers conferred by the Constitution, it should not beregarded as ultra vires legislation.The Sedition Act of1798had only enforced for two years, it expired on the thirdday of March,1801. Although the implementation time of the Sedition Act of1798isvery short, but it is first restrictive legislation on freedom of speech, and followingrelative legislations. The Sedition Act of1798is often considered to be the greatdestruction of freedom of speech, but it can not deny that it plays an important role instabilizing the domestic situation in America.