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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