By 1802, in the wake of the Federalist election defeat, the Alien Friends Act, the Sedition Act, and the Naturalization Act had expired or been repealed. The Alien Enemies Act remained in effect, but no one had been prosecuted under its provisions because the United States hadn't declared war on France, a necessary condition for the law's implementation. After winning the presidency in the 1800 election, Thomas Jefferson pardoned all those convicted of violating the Sedition Act who remained in prison.

Subscribe Today

• Did you enjoy our article?
• Read more in American History magazine
• Subscribe online and save nearly 40%!!!
 

By virtually every measure, the Federalist effort to impose a one-party press and a one-party government on the fledgling nation had failed. Ironically, the Sedition Act prompted the opposition to expand its view of free speech and freedom of the press. In a series of essays, tracts, and books, Republicans began to argue that the First Amendment protected citizens from any federal restraint on the press or speech. Notable among them was a pamphlet entitled An Essay on the Liberty of the Press, published in 1799 by George Hay, a member of the Virginia House of Delegates. Hay argued 'that if the words freedom of the press have any meaning at all they mean a total exemption from any law making any publication whatever criminal.' In his 1801 inaugural address, Thomas Jefferson echoed Hay's sentiments, stressing the necessity of preserving the right of citizens 'to think freely and to speak and to write what they think.'

For most, the arguments of Hay and Jefferson have prevailed, although even the Republicans were willing to acknowledge that states could and should impose speech restrictions under certain conditions. Moreover, there have been occasions, most notably during World War I, when the federal government declared that free expression was secondary to military necessity. In an effort to suppress dissent and anti-war activity in 1917, Congress passed the Espionage Act, a law that made it a felony to try to cause insubordination in the armed forces or to convey false statements with intent to interfere with military operations. It was followed by the Sedition Act of 1918, which banned treasonable or seditious material from the mail. Under this provision the mailing of many publications, including the New York Times as well as radical and dissident newspapers, was temporarily halted.

In the 200 years since the passage of the Alien and Sedition Acts, each generation of Americans has struggled to determine the limits of free speech and freedom of the press. In large part, it has been a dilemma of reconciling freedom and security with liberty and order. For the Federalist Party in 1798, however, the answer was simple; order and security had to prevail.

This article was written by Larry Gragg and originally published in the October 1998 issue of American History Magazine. For more great articles, subscribe to American History magazine today!

Help HistoryNet by bookmarking to