Sedition and seditious libel were criminal offences under English common law, and are still criminal offences in Canada. Sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order: if the statement is in writing or some other permanent form it is seditious libel. Libel denotes a printed form of communication such as writing or drawing.[1]
American scholar Leonard W. Levy argues that seditious libel "has always been an accordion-like concept, expandable or contractible at the whim of judges".[2]
Under the common law of England, Wales and Northern Ireland, a statement was seditious under the common law if it brought into "hatred or contempt" either the Queen or her heirs, the government and constitution, either House of Parliament, or the administration of justice; or if it incited people to attempt to change any matter of Church or state established by law (except by lawful means); or if it promoted discontent among or hostility between British subjects. A person was only guilty of the offence if they had printed words or images and intend any of the above outcomes. Proving that the statement is true was not a defence but in the Trial of the Seven Bishops (1688), the seven Lords Spiritual including the Archbishop of Canterbury were acquitted of seditious libel because they had been exercising their right to petition.[3] As a common law offence whose sentence was not specified by statute, it was punishable with up to life imprisonment or an unlimited fine or both.[citation needed]
Parliament abolished the offences of sedition and seditious libel in 2009.[4] However, there continue to be similar offences in other statutes, such as the Terrorism Act 2000, which criminalises threats of action which are designed to "influence the government" or "to intimidate the public or a section of the public" for "the purpose of advancing a political, religious or ideological cause".[5]
Canada
In Canada, seditious offences are defined by sections 59 to 61 of the Criminal Code. A seditious offence can be punished by imprisonment up to a maximum term of 14 years.[6] The concept of a "seditious intention" is defined in part as follows:
59(4) Without limiting the generality of the meaning of the expression "seditious intention", every one shall be presumed to have a seditious intention who
(a) teaches or advocates, or
(b) publishes or circulates any writing that advocates,
the use, without the authority of law, of force as a means of accomplishing a governmental change within Canada.[7]
However, the breadth of this section is reduced by s 60, which provides "seditious intention" does not include communications made in good faith to criticise measures taken by the government, to point out errors or defects in government, or to point out matters that tend to produce ill-will between Canadians.[8]
Seditious speech in the United States
Seditious speech is speech directed at the overthrow of government. It includes speech attacking basic institutions of government, including particular governmental leaders.[9] Its criminalization dates back at least as far as the Alien and Sedition Act.
According to John Cohan, "A delicate line can be crossed, whereby lawful criticism of government may become seditious speech, where associating with others in robust criticism of government may become subversive activities punishable by law".[10] The Brandenburg v. OhioU.S. Supreme Court decision maintains that seditious speech—including speech that constitutes an incitement to violence—is protected by the First Amendment to the United States Constitution as long as it does not reach a level "where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action".[11]
The crime of seditious libel was defined and established in England during the 1606 case De Libellis Famosis by the Star Chamber. The case defined seditious libel as criticism of public persons, the government, or King.[14]
The phrase "seditious libel" and "blasphemous libel" were used interchangeably at that time, because of the strong unions between church and state. Blasphemy was later made a separate offence, and finally abolished with the passing of the Racial and Religious Hatred Act 2006. Sedition and seditious libel were abolished by section 73 of the Coroners and Justice Act 2009.[4] Sedition by an alien is still an offence under the Aliens Restriction (Amendment) Act 1919.[15]
The United States' Alien and Sedition Acts of 1798 broke with the common law precedent of the time, in that it allowed for truth as a defense, though judges were not consistent in their rulings.
John Peter Zenger was arrested and imprisoned for seditious libel in 1734 after his newspaper criticized the colonial governor of New York. Zenger spent nearly 10 months in jail before being acquitted by a jury on August 5, 1735.[16] One hundred years later, Nova Scotia's Joseph Howe also won a jury acquittal on a charge of seditious libel after his newspaper printed allegations that local politicians and police were stealing from the people.[17]
Having severely censured the actions of the government in print with reference to the 1819 Peterloo Massacre, Sir Francis Burdett was prosecuted at Leicester assizes, fined £1,000, and committed to prison by Best, J. for three months for the crime of "composing, writing, and publishing a seditious libel" with explanation:
My opinion of the liberty of the press is that every man ought to be permitted to instruct his fellow subjects; that every man may fearlessly advance any new doctrines, provided he does so with proper respect to the religion and government of the country; that he may point out errors in the measures of public men; but he must not impute criminal conduct to them. The liberty of the press cannot be carried to this extent without violating another equally sacred right; namely, the right of character. This right can only be attacked in a court of justice, where the party attacked has a fair opportunity of defending himself.[18][19]
^L.L. Edwards, J.S. Edwards, P. K. Wells, Tort Law for Legal Assistants, Cengage Learning, 2008, p. 390. "Libel refers to written defamatory statements; slander refers to oral statements. Libel encompasses communications occurring in 'physical form'... defamatory statements on records and computer tapes are considered libel..."
^Levy, Leonard W. (1985) Emergence of a Free Press. Oxford: Oxford University Press, p. 8.
^"Later state trials in Westminster Hall". UK Parliament. Retrieved 26 December 2021.{{cite web}}: CS1 maint: url-status (link)
^Levinson, Sanford (2004–2005), Pedagogy of the First Amendment: Why Teaching about Freedom of Speech Raises Unique (and Perhaps Insurmountable) Problems for Conscientious Teachers and Their Students, The, vol. 52, UCLA L. Rev., p. 1359
^Cohan, John Alan (2003), Seditious Conspiracy, the Smith Act, and Prosecution for Religious Speech Advocating the Violent Overthrow of Government, vol. 17, St. John's J. Legal Comment, p. 199
^G. R. Stone (2004), Free speech in World War II:" When are you going to indict the seditionists?"(PDF), International Journal of Constitutional Law[dead link]
^Patriotic Dissent; Herman, Susan N., vol. 45, Washburn L.J., 2005–2006, p. 21
^American Bar Association: Students in Action: "Cultures, Courts, and the U.S. Constitution".
^Aliens Restriction (Amendment) Act 1919, UK 1919, c 92, s 3.
^Kesterton, W.H. (1967) A History of Journalism in Canada. Toronto: McClelland and Stewart Limited, pp. 21–23.
^Sources of English Constitutional History, Stephenson & Marcham.
^Reports of State Trials, New Series, I, 49, 118 f.
May 21, 2023
seditious, libel, sedition, seditious, libel, were, criminal, offences, under, english, common, still, criminal, offences, canada, sedition, overt, conduct, such, speech, organization, that, deemed, legal, authority, tend, toward, insurrection, against, establ. Sedition and seditious libel were criminal offences under English common law and are still criminal offences in Canada Sedition is overt conduct such as speech and organization that is deemed by the legal authority to tend toward insurrection against the established order if the statement is in writing or some other permanent form it is seditious libel Libel denotes a printed form of communication such as writing or drawing 1 American scholar Leonard W Levy argues that seditious libel has always been an accordion like concept expandable or contractible at the whim of judges 2 Contents 1 England Wales and Northern Ireland 2 Canada 3 Seditious speech in the United States 4 History 5 See also 6 ReferencesEngland Wales and Northern Ireland EditUnder the common law of England Wales and Northern Ireland a statement was seditious under the common law if it brought into hatred or contempt either the Queen or her heirs the government and constitution either House of Parliament or the administration of justice or if it incited people to attempt to change any matter of Church or state established by law except by lawful means or if it promoted discontent among or hostility between British subjects A person was only guilty of the offence if they had printed words or images and intend any of the above outcomes Proving that the statement is true was not a defence but in the Trial of the Seven Bishops 1688 the seven Lords Spiritual including the Archbishop of Canterbury were acquitted of seditious libel because they had been exercising their right to petition 3 As a common law offence whose sentence was not specified by statute it was punishable with up to life imprisonment or an unlimited fine or both citation needed Parliament abolished the offences of sedition and seditious libel in 2009 4 However there continue to be similar offences in other statutes such as the Terrorism Act 2000 which criminalises threats of action which are designed to influence the government or to intimidate the public or a section of the public for the purpose of advancing a political religious or ideological cause 5 Canada EditIn Canada seditious offences are defined by sections 59 to 61 of the Criminal Code A seditious offence can be punished by imprisonment up to a maximum term of 14 years 6 The concept of a seditious intention is defined in part as follows 59 4 Without limiting the generality of the meaning of the expression seditious intention every one shall be presumed to have a seditious intention who a teaches or advocates or b publishes or circulates any writing that advocates the use without the authority of law of force as a means of accomplishing a governmental change within Canada 7 However the breadth of this section is reduced by s 60 which provides seditious intention does not include communications made in good faith to criticise measures taken by the government to point out errors or defects in government or to point out matters that tend to produce ill will between Canadians 8 Seditious speech in the United States EditSeditious speech is speech directed at the overthrow of government It includes speech attacking basic institutions of government including particular governmental leaders 9 Its criminalization dates back at least as far as the Alien and Sedition Act According to John Cohan A delicate line can be crossed whereby lawful criticism of government may become seditious speech where associating with others in robust criticism of government may become subversive activities punishable by law 10 The Brandenburg v Ohio U S Supreme Court decision maintains that seditious speech including speech that constitutes an incitement to violence is protected by the First Amendment to the United States Constitution as long as it does not reach a level where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action 11 During World War II U S President Franklin D Roosevelt pressured U S Attorney General Francis Biddle to prosecute seditionists but Biddle declined believing it to be unwise 12 Today s anti war activists are not prosecuted for seditious speech 13 History EditThe crime of seditious libel was defined and established in England during the 1606 case De Libellis Famosis by the Star Chamber The case defined seditious libel as criticism of public persons the government or King 14 The phrase seditious libel and blasphemous libel were used interchangeably at that time because of the strong unions between church and state Blasphemy was later made a separate offence and finally abolished with the passing of the Racial and Religious Hatred Act 2006 Sedition and seditious libel were abolished by section 73 of the Coroners and Justice Act 2009 4 Sedition by an alien is still an offence under the Aliens Restriction Amendment Act 1919 15 The United States Alien and Sedition Acts of 1798 broke with the common law precedent of the time in that it allowed for truth as a defense though judges were not consistent in their rulings John Peter Zenger was arrested and imprisoned for seditious libel in 1734 after his newspaper criticized the colonial governor of New York Zenger spent nearly 10 months in jail before being acquitted by a jury on August 5 1735 16 One hundred years later Nova Scotia s Joseph Howe also won a jury acquittal on a charge of seditious libel after his newspaper printed allegations that local politicians and police were stealing from the people 17 Having severely censured the actions of the government in print with reference to the 1819 Peterloo Massacre Sir Francis Burdett was prosecuted at Leicester assizes fined 1 000 and committed to prison by Best J for three months for the crime of composing writing and publishing a seditious libel with explanation My opinion of the liberty of the press is that every man ought to be permitted to instruct his fellow subjects that every man may fearlessly advance any new doctrines provided he does so with proper respect to the religion and government of the country that he may point out errors in the measures of public men but he must not impute criminal conduct to them The liberty of the press cannot be carried to this extent without violating another equally sacred right namely the right of character This right can only be attacked in a court of justice where the party attacked has a fair opportunity of defending himself 18 19 See also EditThoughtcrime Freedom of the press Blasphemy English defamation law Criminal anarchyReferences Edit L L Edwards J S Edwards P K Wells Tort Law for Legal Assistants Cengage Learning 2008 p 390 Libel refers to written defamatory statements slander refers to oral statements Libel encompasses communications occurring in physical form defamatory statements on records and computer tapes are considered libel Levy Leonard W 1985 Emergence of a Free Press Oxford Oxford University Press p 8 Later state trials in Westminster Hall UK Parliament Retrieved 26 December 2021 a href Template Cite web html title Template Cite web cite web a CS1 maint url status link a b Coroners and Justice Act 2009 Section 73 legislation gov uk The National Archives 2009 c 25 s 73 Terrorism Act 2000 Section 1 legislation gov uk The National Archives 2000 c 11 s 1 Criminal Code RSC 1985 c C 46 s 61 Criminal Code RSC 1985 c C 46 s 59 4 Criminal Code RSC 1985 c C 46 s 60 Levinson Sanford 2004 2005 Pedagogy of the First Amendment Why Teaching about Freedom of Speech Raises Unique and Perhaps Insurmountable Problems for Conscientious Teachers and Their Students The vol 52 UCLA L Rev p 1359 Cohan John Alan 2003 Seditious Conspiracy the Smith Act and Prosecution for Religious Speech Advocating the Violent Overthrow of Government vol 17 St John s J Legal Comment p 199 Brandenburg v Ohio 395 U S 444 1969 G R Stone 2004 Free speech in World War II When are you going to indict the seditionists PDF International Journal of Constitutional Law dead link Patriotic Dissent Herman Susan N vol 45 Washburn L J 2005 2006 p 21 American Bar Association Students in Action Cultures Courts and the U S Constitution Aliens Restriction Amendment Act 1919 UK 1919 c 92 s 3 Levy pp 38 45 Kesterton W H 1967 A History of Journalism in Canada Toronto McClelland and Stewart Limited pp 21 23 Sources of English Constitutional History Stephenson amp Marcham Reports of State Trials New Series I 49 118 f Retrieved from https en wikipedia org w index php title Seditious libel amp oldid 1145801204, wikipedia, wiki, book, books, library,
