"Congress Shall Make no Law Abridging the Freedom of Speech, or the Press..."

In 1798, as the president was on his way home, Luther Baldwin was sitting in a tavern having a few beers and getting a little “merry”. The departing entourage of the president was given a 16-shot cannon salute, wherein another “merry” drinker staggered into the tavern to report, “There goes the president, and they’re firing at his a**.” Whereupon, Luther Baldwin replied, “I don’t care if they’re shooting through his a**.” Luther was promptly arrested, went to trial, found guilty, fined and jailed. What was he convicted of? "Tending to defame the President and Government of the United States. "

How could a citizen of the United States be jailed for making a joke about the President? In 1798 the new United States was experiencing threats to its existence. On the verge of war with France, the country was in a precarious situation that could lead to the end of the nation. The Federalists party controlled both houses of Congress and the presidency. The Federalist in congress, never to let a good disaster go to waste, tried to capitalize on the real fear of war, and take more control of the government. They passed a series of acts called the Alien and Sedition Acts.

"…That if any person shall write, print, utter or publish…any false, scandalous and malicious writing or writings against the government of the Unites States, or either house of the Congress of the United States, or the President of the United States with the intent to defame… or bring them into contempt or disrepute; or excite against them…shall be punished…” -Sedition Act, passed July 14, 1798

Many Federalists had an extreme distrust of the common man, particularly Alexander Hamilton. His faction wanted control of the government and by taking away freedoms that had just so recently been won, they would be able to consolidate power within the federal government. Two of the greatest founding fathers we have were federalists – George Washington and John Adams. In fact, John Adams was the president who signed these heinous Acts into law. However, neither of them wanted to take away the rights of the people -- they just wanted to protect this fledgling nation during a difficult time.

Congress passed these acts without the president asking for them. However, he did not oppose them either – one of the greatest mistakes for this worthy patriot. Later in life, John Adams said that he looked at these acts as “war measures” meaning that they would have been temporary – still no excuse for limiting those freedoms fought so hard for. Though I believe John Adams was truly concerned about the security of this nation, most Federalists were using the fear of war to take the power away from the people they distrusted so much.

Three things happened to limit the harm of the Alien and Sedition Acts of 1798:

1. The people continued to voice their opposition to the laws even under threat of prison. If Luther Baldwin could be imprisoned for making a joke, how would others that truly were questioning the government fare?
   
2. The press refused to be silenced. They kept up the barrage questioning the government in all that they did, and many editors were imprisoned.
   
3. Two states, Kentucky and Virginia, declared these laws null and void. They exercised the rights contained in the 9th and 10th amendment and proclaimed that Congress did not have the authority to abrogate freedom. Virginia’s resolution condemned the Acts:

“…because it is leveled against that right of freely examining public characters and measures, and of free communication among the people thereon, which has ever been justly deemed, the only effectual guardian of every other right.”

Because of this, the Federalist lost power and were voted out of the majority and Thomas Jefferson became President. When Thomas Jefferson came into office, he repealed these Acts and freed everyone that was being punished under them.

Fear, throughout American history has led to rights and liberties being infringed upon. In World War II, we as a nation incarcerated American citizens in camps – just because they were of Japanese decent. During the Cold War we had an era of fear of communism that led to congressional “hearings” that ruined the lives of many innocents for exercising their constitutional right of expression. In this past decade, after the terrorist attacks on the Twin Towers in New York City on September 11, 2001 some of our rights were limited and infringed upon for the purpose of keeping us safe. Financial fear, health fear, and environmental fear are being used today by our government to take away more of our rights – never letting a good disaster go to waste.

The current administration is attempting to silence anyone who disagrees with them. It started with an intimidation campaign against any one who questioned Obama – Joe the Plumber being a prime example. The president and democratically controlled congress marginalize and shut out those who are opposed to their plans, like the tea party groups being labeled as "angry white racists." Like the restraining order that was put on insurance companies for daring to inform their policy holders of the dangers of the government take over of healthcare. Now the White House is trying to silence the press. Most news organizations are already in the pocket of the President, but the one organization that truly scrutinizes the government is now under attack by the administration, being declared “not a news organization.”

As the Federalists of old tried to do but failed, the democrats of today are trying to consolidate their power over the rights of the common man. We must not let that happen. Just like the people of 1798, we must stand-up to this intimidation and the attempt to silence opposing views by this administration. Our rights, constitutionally protected, are not to be negotiated away just for a little security, or because we are afraid of some group, or we want a job, or even because we want a free appendectomy. Too much blood has been shed to let the government buy our submissiveness.

Our representatives need to remember that they work for us – the common man. They are never given a “mandate” or exalted above the citizens that they represent. Just as this country did in 1800, we need to kick the "Federalists" out of Washington, and send men and women there who will represent us and not rule over us. It is time to find more "Thomas Jeffersons."

The jest that Luther Baldwin made against the President in 1798 was not treasonous, seditious, or harmful. Neither are the current criticisms, jests, or yelling “you lie” at the current President. Without the right to examine the methods and doctrines of the party in power and criticize its acts, democracy and freedom become empty words.