Seditious libel
Seditious libel is a criminal offence under common law of printing written material with seditious purpose – that is, the purpose of bringing contempt upon a political authority. It remains an offence in Canada but has been abolished in England and Wales.[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]
England, Wales and Northern Ireland[edit]
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 King or his 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.
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]
Seditious speech in the United States[edit]
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. 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]