The First Amendment’s mandate that “Congress shall make no law . . . abridging the freedom of speech” is a guarantee that, no matter how inconvenient to those temporarily holding high office, the people have an absolute right to express their thoughts and opinions. Despite this constitutional requirement, over 200 years ago, President John Adams and the Federalists in Congress used the threat of war with France as a pretext to enact into law the Sedition Act of 1798, which made it a crime for Americans to “print, utter, or publish . . . any false, scandalous, and malicious writing” about the government.
The debate surrounding the Sedition Act was about the nature of freedom of speech. One supporter of the law, Alexander Addison, believed that some opinions were so dangerous that it was in the public interest to suppress them, stating, “Truth has but one side: and listening to error and falsehood is indeed a strange way to discover truth.”
An opponent, Thomas Cooper, presciently argued that the purpose of the Sedition Act was to empower one party to “suppress the opinions of those who differ from them.” Unsurprisingly, all the defendants prosecuted under the Sedition Act would be Republicans.
Sound familiar?
On Independence Day this year, a federal judge issued a preliminary injunction restricting the Biden Administration from collaborating with social media companies to censor and suppress constitutionally protected speech. In his opinion, Judge Terry Doughty stated that the Biden Administration’s efforts to suppress opinions it opposes
