The Sedition Act, enacted on May 18^th, 1918, was an addition to the Espionage Act of 1917. The Espionage Act made it a crime to interfere with military operations or recruitment, insubordination in the military, and to give support to United States enemies during wartime. The Sedition Act went a step further to establish that anyone who shall “willfully make or convey false reports or false statements with intent to interfere” in United States military operations, or “shall willfully make or convey false reports, or false statements” about the government or military had also committed a crime.

Additionally, the act made it illegal for anyone to “willfully utter, print, write, or publish any disloyal, profane, scurrilous, or abusive language about the form of government of the United States, or the Constitution of the United States, or the military or naval forces of the United States.” The Sedition Act even went so far as to prohibit the flying of an enemy nation’s flag, and the verbal support of the ideals of a nation that the United States was at war with.

Essentially this act stated, “Want to say that the United States is not doing a good job in the war? Want to protest the draft or military? Going to promote socialism? Go to jail for 20 years and pay a $10,000 fine.” Many received these harsh punishments for their speech or written word during the three years prior to the repeal of the act.

Looking at our news today, it boggles the mind to imagine just how many people would be in jail or fined for doubting or criticizing the government. Any pacifists would be forced to go underground. Protests against military spending would cease. Television news hosts would be mum about politicians. No criticism of the president would pass the lips of radio personalities. I would have my own personal cell, most likely.

We would be eerily similar to North Korea.

Contemporary legal scholars generally agree that the Sedition Act of 1918 was against the letter and spirit of the First Amendment, even though politicians at the time believed that it was necessary to ensure the United States’ efforts in World War I. It is unlikely that an act similar to this will ever be passed again- unlikely, but not impossible.

This possibility is why it is so crucial that we maintain and exercise our right to freedom of speech and press. Too often, we waste our freedom of speech by arguing trivial things on social media. We fail to discuss serious issues in the country and government. At this rate, the government may not even need to formally silence our voices- we don’t even try to speak out most of the time.

So go online, read a couple articles. Post something on your Facebook (besides that one cute cat video), and engage in some real discussion. The First Amendment isn’t there for nothing.

–  Melina, Law Library Intern