Sedition

Introduction to Sedition

Sedition, in law, term referring to conduct directed against the state or intending to excite disaffection with it and with those exercising authority. Such conduct generally takes the form of writing, publishing, or making speeches inciting citizens to overthrow established governmental authority. Sedition differs from treason in that it does not involve overt acts of open violence or assistance to an enemy.

In October 1949, 11 leaders of the Communist Party of the U.S. were convicted of violating the Smith Act, popularly known as the 1940 Sedition Act. The Smith Act prohibited advocacy of the violent overthrow of the U.S. government or the organization of any group promulgating such a philosophy. In Dennis v. United States (1951), the Supreme Court of the United States upheld the constitutionality of the act. The Court concluded that the ‘gravity of the ‘evil” justified an invasion of free speech under the circumstances, despite the fact that the speech in question did not create a clear and present danger. The Court later formulated a more stringent test for suppression of political speech and the Smith Act has fallen into disuse.” (1)

Alien and Sedition Laws

Resources

See Also

• Sedition

Resources

Notes and References

• Information about Sedition in the Encarta Online Encyclopedia

Guide to Sedition