Righting sedition law's wrongs
By the IR staff - 01/31/2006
A project by University of Montana law and journalism students to win posthumous pardons for people convicted under the state's draconian World War I-era sedition law is a worthy effort.
It also, during yet another war, is a timely one.
Seventy-four people were convicted of sedition during 1918 and 1919 under the law, which demanded lengthy prison terms for anyone badmouthing the war or the government. The maximum penalty was 20 years in prison and a $20,000 fine; those offenders who were put behind bars served an average of 19 months for their words, which often were spoken in bars.
Following publication of UM professor Clem Work's "Darkest Before Dawn: Sedition and Free Speech in the American West," 13 law and journalism students began the project to research the history of the law and its consequences, and to petition Gov. Brian Schweitzer to pardon its victims.
The project is a welcome affirmation of the constitutional guarantee of free speech that was so gratuitously usurped in Montana during World War I, but it also is a reminder that few armed conflicts go unprotested.
It's easy to argue that any strong form of pacifism is immoral - it would be evil to let the Hitlers of the world win without a fight - but the battles fought by the "greatest generation" were unique. Most military action is based on the shifty sands of political expediency. The Korean and Vietnam wars were fought to stop the spread of communism, and history judges them with varying degrees of vindication. The Iraq War had other justifications, all of which are subject to dispute. It was inevitable voices of dissent would be raised. It is true that those who decry current war protests seldom fail to mention those who have died to protect the right to protest. But one wonders how much concern about dissenters "aiding the enemy" echoes the sentiment of those who promoted Montana's sedition act of 1918.
That's why it's a good time to right historical wrongs, even in this small way. Reminders of our heritage of freedom are always welcome. After all, how much can human nature have changed in fewer than 90 years?
It also, during yet another war, is a timely one.
Seventy-four people were convicted of sedition during 1918 and 1919 under the law, which demanded lengthy prison terms for anyone badmouthing the war or the government. The maximum penalty was 20 years in prison and a $20,000 fine; those offenders who were put behind bars served an average of 19 months for their words, which often were spoken in bars.
Following publication of UM professor Clem Work's "Darkest Before Dawn: Sedition and Free Speech in the American West," 13 law and journalism students began the project to research the history of the law and its consequences, and to petition Gov. Brian Schweitzer to pardon its victims.
The project is a welcome affirmation of the constitutional guarantee of free speech that was so gratuitously usurped in Montana during World War I, but it also is a reminder that few armed conflicts go unprotested.
It's easy to argue that any strong form of pacifism is immoral - it would be evil to let the Hitlers of the world win without a fight - but the battles fought by the "greatest generation" were unique. Most military action is based on the shifty sands of political expediency. The Korean and Vietnam wars were fought to stop the spread of communism, and history judges them with varying degrees of vindication. The Iraq War had other justifications, all of which are subject to dispute. It was inevitable voices of dissent would be raised. It is true that those who decry current war protests seldom fail to mention those who have died to protect the right to protest. But one wonders how much concern about dissenters "aiding the enemy" echoes the sentiment of those who promoted Montana's sedition act of 1918.
That's why it's a good time to right historical wrongs, even in this small way. Reminders of our heritage of freedom are always welcome. After all, how much can human nature have changed in fewer than 90 years?
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