https://en.wikipedia.org/wiki/Sedition_Act_of_1918
The Espionage Act of 1917 made it a crime to interfere with the war effort or with military recruitment or to attempt to aid a nation at war with the U.S. Wartime violence on the part of local groups of citizens, sometimes mobs or vigilantes, persuaded some lawmakers that the law was inadequate. In their view the country was witnessing instances of public disorder that represented the public's own attempt to punish unpopular speech in light of the government's inability to do so. Amendments to enhance the government's authority under the Espionage Act would prevent mobs from doing what the government could not.[7]
Enactment[edit]
While much of the debate focused on the law's precise language, there was considerable opposition in the Senate, almost entirely from Republicans like Henry Cabot Lodge and Hiram Johnson, the former speaking in defense of free speech and the latter assailing the administration for failing to use the laws already in place.[8] Former president Theodore Roosevelt voiced opposition as well.[9] President Wilson and his Attorney General Thomas Watt Gregory viewed the bill as a political compromise. They hoped to avoid hearings that would embarrass the administration for its failure to prosecute offensive speech. They also feared other proposals that would have withdrawn prosecutorial authority from the Justice Department and placed it in the War Department, creating a sort of civilian court-martial process of questionable constitutionality.[10] The final vote for passage was 48 to 26 in the Senate[8] and 293 to 1 in the House of Representatives,[11] with the sole dissenting vote in the House cast by Meyer London of New York.[12]
Officials in the Justice Department who had little enthusiasm for the law nevertheless hoped that even without generating many prosecutions it would help quiet public calls for more government action against those thought to be insufficiently patriotic.[13]
Enforcement[edit]
Most U.S. newspapers "showed no antipathy toward the act" and "far from opposing the measure, the leading papers seemed actually to lead the movement in behalf of its speedy enactment."[14]
The legislation came so late in the war, just a few months before Armistice Day, that prosecutions under the provisions of the Sedition Act were few.[13] One notable case was that of Mollie Steimer, convicted under the Espionage Act as amended by the Sedition Act.[15] U.S. Attorneys at first had considerable discretion in using these laws, until Gregory, a few weeks before the end of the war, instructed them not to act without his approval. Enforcement varied greatly from one jurisdiction to the next, with most activity in the Western states where the Industrial Workers of the World labor union was prevalent.[16] For example, Marie Equi was arrested for giving a speech at the IWW hall in Portland, Oregon, and was convicted after the war was over.[17]
In April 1918, the government arrested industrialist William Edenborn, a naturalized citizen from Germany, at his railroad business in New Orleans, Louisiana. He was accused of speaking "disloyally" when he allegedly belittled the threat of Germany to the security of the United States.[18]
In June 1918, the Socialist Party figure Eugene V. Debs of Indiana was arrested for violating the Sedition Act by undermining the government's conscription efforts. He was sentenced to ten years in prison. He served his sentence in the Atlanta Federal Penitentiary from April 13, 1919, until December 1921, when President Harding commuted Debs' sentence to time served, effective on December 25, Christmas Day.[19] In March 1919, President Wilson, at the suggestion of Attorney General Thomas Watt Gregory, released or reduced the sentences of some two hundred prisoners convicted under the Espionage Act or the Sedition Act.[20]
With the act rendered inoperative by the end of hostilities, Attorney General A. Mitchell Palmer waged a public campaign, not unrelated to his own campaign for the Democratic nomination for president, in favor of a peacetime version of the Sedition Act.[21] He sent a circular outlining his rationale to newspaper editors in January 1919, citing the dangerous foreign-language press and radical attempts to create unrest in African American communities.[22] He testified in favor of such a law in early June 1920. At one point Congress had more than 70 versions of proposed language and amendments for such a bill,[23] but it took no action on the controversial proposal during the campaign year of 1920.[24] After a court decision later in June cited Palmer's anti-radical campaign for its abuse of power, the conservative Christian Science Monitor found itself unable to support him any more, writing on June 25, 1920: "What appeared to be an excess of radicalism...was certainly met with...an excess of suppression."[25] The Alien Registration Act of 1940 was the first American peacetime sedition
