The far-reaching Sedition Act of 1798 was introduced by Federalists
to suppress Republican support of French revolutionaries and
imposed fines and imprisonment "if any person shall write, print,
utter or publish . . . scandalous and malicious writing or writings
against the government of the United States." Such a broadly and
loosely defined offense challenged the freedom of the American
press and gave the government the power to drag offending newspaper
editors into court. The trial of Thomas Cooper in particular became
an important showcase for debating the dangers and limits of the
new law, one with great implications for both the new republic and
federal constitutional law.
Cooper's trial has now been rescued from long neglect and
illuminated by Peter Charles Hoffer, one our nation's preeminent
legal historians. While most modern students of the Sedition Act
regard it as an extreme measure motivated by partisan malice,
Hoffer offers a much more nuanced view that weighs all the
arguments and fairly considers the position of each side in
historical and legal context.
Hoffer sets the stage by revisiting both the much better known
1735 trial of Peter Zenger and the subsequent fashioning of the
First Amendment during the first meeting of the U.S. Congress.. He
then describes the rise of political factions in the early
republic, congressional debate over the Sedition Act, and Thomas
Jefferson's and James Madison's Kentucky and Virginia Resolves.
After a close reading of Cooper's allegedly seditious writings,
Hoffer brings the trial record to life, capturing prosecution and
defense strategies, including Cooper's attempt to subpoena
President Adams and Federalist trial judge Samuel Chase's
management of the prosecution from the bench. Long after the
Federalists had departed the scene, echoes of the free-press crisis
continued to roil American politics-reappearing in the debates over
antislavery petitions, the suppression of dissent during the Civil
War and two world wars, and most recently in the trials of
suspected terrorists.
Hoffer's book is an authoritative review of this landmark case
and a vital touchstone for anyone concerned about the role of
government and the place of dissent in times of national
emergency.
General
Imprint: |
University Press of Kansas
|
Country of origin: |
United States |
Release date: |
February 2011 |
First published: |
February 2011 |
Authors: |
Peter Charles Hoffer
|
Dimensions: |
216 x 140 x 13mm (L x W x T) |
Format: |
Paperback
|
Pages: |
168 |
ISBN-13: |
978-0-7006-1765-4 |
Categories: |
Books >
Law >
Jurisprudence & general issues >
Legal history
|
LSN: |
0-7006-1765-5 |
Barcode: |
9780700617654 |
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