“Set just a few years after the 1791 adoption of the First Amendment . . . the Federalists in the John Adams administration felt sufficiently threatened by their opposition that they passed the so-called Sedition Act of 1798, placing limits on ‘scandalous and malicious’ writings or utterances against the government. In my opinion a blatantly unconstitutional law that violated numerous clauses in the very First Amendment. I also believe the Federalists knew it was wrong as they set the law to expire upon the next election.
The writer reminds us that the free speech we too often take for granted is in constant jeopardy, most often from those who see the forced silence of opponents as a way to stop the questioning of their beliefs. This allows those in power the ability to have their way without defending their beliefs and to avoid the scrutiny of said beliefs. This book presents several healthy reminders that elected officials have always been capable of uncivilized behavior toward their colleagues .
The Federalists, who dominated most of New England as well as both houses of Congress, the John Adams presidency, and the Supreme Court, viewed themselves as the protectors of family, faith, education, and country (sound like either party today?). Yet everywhere they turned, they saw their orderly ideas under siege, rapidly devolving into something more volatile and chaotic. For this, Federalists blamed an unofficial, disparate but growing collection of citizens referring to themselves as Republicans, or Democrats, or Democratic-Republicans.
On the front lines of the vocal opposition was Congressman Matthew Lyons. A native of Ireland, Lyon had schemed and brawled his way from indentured servitude to the upper layers of business and politics in his adopted country. Everything about his life was out sized: his ambition, his intelligence, his enemies, and his flaws. He never let an insult pass without returning it two fold. Put simply, Matthew Lyon couldn't keep his mouth shut. It was this quality above all others that resulted in his greatest, albeit unintentional, contribution to the American experiment. His belligerence in the face of Federalist power would help push the United States into a constitutional crisis, forcing citizens and law makers alike to answer some questions. Did they truly mean what they had said, that Congress shall make no law abridging free speech, or freedom of the press? Violation of the Sedition Act put the Congressman in jail. To the Federalists chagrin his constituency voted him back into office. Lyon was also a Revolutionary War veteran and his imprisonment showed the masses a dark side of the new government where representatives could trample freedoms just like a King (as Francis Marion had said years before in South Carolina).
The writer reviews six cases brought in direct violation of the First Amendment and their prosecution under the Sedition Act of 1798. His message, or 'moral' is clear and poignant and delivered without political bias.
Matthew Lyon - Irish immigrant, and elected member of the US House of Representatives; David Brown a "drifter", whose case was presided over by a Supreme Court Justice; Benjamin Franklin Bache, grandson of the Founder and publisher of the newspaper "Aurora" destroyed for dissent; James Thompson Callender, a Scottish immigrant and editor of politically incendiary diatribes, driven to a watery death; Luther Baldwin a workingman of Trenton, NJ who one morning joked, "I don't care if they're firing through his arse." in reference to a cannon blast of honor for John Adams and was jailed; Thomas Cooper an intellectual, firebrand and later in life professor described by Adams as, "a learned ingenious scientific and talented madcap", are the protagonists, and victims.
Each of these cases is characterized by the politically vengeful nature of the law's application, the petty animosity of its prosecution and the senseless pain it caused to the accused. This book was engrossing in presenting the cases and the thoughts of "party movers and shakers" on each side of the law. Most people have heard of the "Alien & Sedition Acts" if they paid attention in US History in school however they don't know the details that are covered in this book. It is well worth a read.