Political Speech and Sedition

This article considers the law of sedition, tracing its history through the origins and evolution of such laws in England. It discusses the philosophy behind freedom of expression, identifying the four commonly held justifications for the principle. It contemplates the tradition of free speech in the United States and the relationship between First Amendment free speech, defamation, and sedition, as illustrated in the case New York Times v Sullivan. It argues that sedition (in the form of defamation against the government) strikes at the very heart of democracy and that political freedom ends when government can use its powers and its courts to silence its critics.