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Montana Gov. Pardons Sedition Convictions

by TChris

Laws punishing peaceful dissent are contrary to the letter and the spirit of the First Amendment. As we listen to pundits proclaim that dissent is unpatriotic, that criticism of a Republican government gives aid and comfort to the enemy, we should draw lessons from mistakes made in response to similar sentiments in the past.

Gov. Brian Schweitzer signed a pardon yesterday of 78 persons who were convicted of violating Montana's sedition law during and after World War I.

Montana's sedition laws served as a model for the federal sedition laws also passed in 1918. Other states had such laws, but none was more vigorous in pressing them than Montana.

Remarks that were labeled seditious -- in one case, the observation, "This is a rich man's war" in a saloon -- carried fines approaching $20,000 and sentences of up to 20 years in jail.

Martin Wehinger told a group of Teamsters, "We had no business sticking our nose in there, and we should get licked for doing so." He served 18 months in Deer Lodge State Penitentiary.

A hundred fifty people were charged under the laws in 1918 and 1919. Forty men and one woman served time in state prison. One man was pardoned in the 1920s after it was discovered that witnesses had lied at his trial.

In addition to the timely reminder that free speech must remain free even in times of war, and even when the speech expresses unpopular opinions, Gov. Schweitzer made the point that laws shouldn't encouraging snitching:

"Neighbor informing on neighbor -- this isn't the American way, it isn't the Montana way, it isn't the cowboy way."

And he made a timely observation that applies to those who condemn immigrants for speaking (or singing) in Spanish, rather than English:

Schweitzer said he felt a personal connection to those caught up in the hysteria of the time. His grandparents came to Montana in 1909.

"They worked hard and kept their heads down. My grandmother never did learn to speak English," Schweitzer said. "It was a time when Germans were forced out of their houses and onto the streets, made to kiss the American flag and sing the national anthem in English."

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    Re: Montana Gov. Pardons Sedition Convictions (none / 0) (#1)
    by Talkleft Visitor on Thu May 04, 2006 at 12:32:17 PM EST
    SEDITIONIST LEAGUE INTERNATIONAL Governor Brian Schweitzer c/o Sarah Elliott (selliott@mt.gov) State of Montana Dear Governor Schweitzer: By consensus the committed participants in the global network of the Seditionist League International, devoted to the exposure of the inherent depravity of government, have requested that I, as convenor of the League, write to you to express the League's commendation of your decision to grant posthumous pardons to those prosecuted, convicted, fined and imprisoned under the Montana Sedition Act of 1918. Unfortunately, it will not be possible for me or other members of the League to join you at the pardon ceremony this afternoon. However, please express to members of the families of those persecuted under the Sedition Act our fraternal greetings and our satisfaction with this long-delayed and exceedingly rare act of justice. You will not, I am sure, be surprised to learn that you are the first government official to be recognized by the League in this manner. Thus, you will not, I hope, object that we include you within the scope of our fraternal greeting. Sincerely, Stefano P. Trebbi, Ph.D. Convenor, Seditionist League International 1-706-294-9993

    Re: Montana Gov. Pardons Sedition Convictions (none / 0) (#2)
    by Dadler on Thu May 04, 2006 at 12:51:08 PM EST
    When do Joe Hill, Mother Jones, Big Bill Haywood, Eugene Debs, Emma Goldman, and all their compariots get their due pardons? Find the real history.

    Re: Montana Gov. Pardons Sedition Convictions (none / 0) (#3)
    by Talkleft Visitor on Thu May 04, 2006 at 01:22:51 PM EST
    and it only took them close to 90 years to recognize the First Amendment...

    Re: Montana Gov. Pardons Sedition Convictions (none / 0) (#4)
    by kdog on Thu May 04, 2006 at 01:32:47 PM EST
    "This is a rich man's war"
    Aren't they all?

    Re: Montana Gov. Pardons Sedition Convictions (none / 0) (#5)
    by cpinva on Thu May 04, 2006 at 02:58:41 PM EST
    gee, you guys are a tad late, don't you think? laws against sedition have a long and "honorable" history in the U.S., starting with the "alien and sedition act" of 1798 (i believe).