The New Seditious Libel

This Article argues that the law on seditious libel is essentially anti-democratic. It seeks to demonstrate that authoritarianism, political insecurity, diabolization of dissenters, and a hysterical fear of opposition have traditionally accompanied waves of prosecution for seditious libel. In conclusion, it proposes a theory of how courts should decide these cases under an enlightened view of freedom of speech and suggest the outlines of a first amendment theory that would spell the death of seditious libel.