Cover: Criminal Dissent: Prosecutions under the Alien and Sedition Acts of 1798, from Harvard University PressCover: Criminal Dissent in HARDCOVER

Criminal Dissent

Prosecutions under the Alien and Sedition Acts of 1798

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Product Details


$57.00 • £45.95 • €51.50

ISBN 9780674976139

Publication Date: 01/07/2020


560 pages

6-1/8 x 9-1/4 inches

17 photos


An exhaustive taxonomy of the prosecutions that took place under these high-handed laws. Doggedly scouring federal court records as well as the papers of such notorious partisans as Secretary of State Timothy Pickering, Bird persuasively argues that the Federalists’ attempt to squash opposition and the free flow of ideas was even more nefarious than we thought… These acts legalized xenophobia, paranoia, censorship, and repression… The Federalist commitment to criminalizing dissent chills the blood, especially today.—Brenda Wineapple, The New York Review of Books

A definitive account of the life and death of the Sedition Act… The importance of Criminal Dissent is, in large part, due to the time in which we find ourselves: a conservative Court with at least one strident originalist who has had great success in pulling the Court in his interpretative direction. Indeed, Bird’s comprehensive research puts the lie to Justice Thomas’ arguments that Blackstone is the answer, that freedom of the press was viewed narrowly, and that the Sedition Act tells us little about the meaning of free speech. And it does so—importantly—on Thomas’ originalist terms. Criminal Dissent should be a feature in coming Supreme Court briefs.—Matthew L. Schafer, Fire

Bird assembles a newly comprehensive account of sedition prosecutions and deportations… [He] confirms the picture of a targeted harassment campaign by the Adams administration against its Republican critics… The meat of the book offers a meticulous recounting of individual cases.—Sara Mayeux, Journal of the Early Republic

Furthers our understanding of the period’s legal practices through a detailed and sophisticated treatment of criminal prosecutions. Most broadly, it offers useful insights into the complex relationship between law and politics, the historical origins of the First Amendment, and the need for strong, transcendent principles of basic rights.—Daniel Kanstroom, Journal of Interdisciplinary History

By surveying the Alien and Sedition Acts prosecutions more thoroughly than has been done before, Bird makes clear the seriousness of the threats these statutes posed to freedom in the new republic. Had there not been the massive resistance to these acts that Bird so well demonstrates—in Congress, in the press, in juries, and even among judges—the repressive instincts that motivated then might not have been easily abandoned.—David Anderson, author of Mass Media Law

Wendell Bird combines wide and deep research, analytical skill, and clear and strong prose to illuminate the history of the Alien and Sedition Acts of 1798. In addition to his superb, thoughtful treatment of the Sedition Act—a landmark in the history of contests over the meaning of freedom of speech and freedom of the press—Bird enriches our understanding of the neglected Alien Acts. This fine book will be invaluable to any student of free speech and free press, of citizenship, of the early American republic, and of the formative period of U.S. constitutional history.—R. B. Bernstein, author of The Education of John Adams

Nothing in the historical canon is truly definitive, but Bird’s accounts of these prosecutions comes close. His lawyerly eye has unmasked a number of pseudonyms, addressed prosecutions of aiders and abettors, and even found a few Federalists who were targeted. A clear and compelling study.—Peter Charles Hoffer, author of Uncivil Warriors: The Lawyers’ Civil War

A benchmark history of the Alien and Sedition Acts and their place in the political culture of the 1790s. With encyclopedic erudition, Bird documents the legal history of criminalized dissent and the rhetoric of transatlantic revolution and reaction that drove partisan politics in the early republic. He also does something more: he restores the necessity of a vibrant, contested polity to its rightful place at the center of American political ideas. Never has the Jeffersonian argument for an active and dissenting citizenry been more important, and never before have we had a more thorough treatment of that argument’s origin and legacy.—Matthew Crow, author of Thomas Jefferson, Legal History, and the Art of Recollection

Thanks to Bird’s superlative sleuthing, now we know that Jeffersonian Republicans’ objections to the Alien and Sedition Acts were not based on novel arguments, many more people were targeted than we thought, not everyone targeted was a Republican, and few state legislatures supported the Adams administration’s campaign of repression. A must-read.—Kevin R. C. Gutzman, author of James Madison and the Making of America

For Americans who think they are living through a period of unprecedented partisan animosity, Wendell Bird’s new book Criminal Dissent, a history of prosecutions under the Alien and Sedition Acts of 1798, provides some useful perspective.—Jacob Sullum, Reason

[An] important book… The Alien and Sedition Acts represented the worst of the Federalists, a considerable stain on their legacy. Bird shows that the stain was worse and larger than previously understood.—Eli J. Richardson, Law360

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