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The Formation of Political Parties:
The Alien and Sedition Acts

“We humbly conceive the spirit of American Liberty breathes a different air, from this Law.”

Petition from Aliens Residing in Lancaster County, Pennsylvania, January 4, 1802

In 1798 the United States stood on the brink of war with France. The Federalists believed that Democratic-Republican criticism of Federalist policies was disloyal and feared that aliens living in the United States would sympathize with the French during a war. As a result, a Federalist-controlled Congress passed four laws, known collectively as the Alien and Sedition Acts. These laws raised the residency requirements for citizenship from 5 to 14 years, authorized the President to deport aliens and permitted their arrest, imprisonment, and deportation during wartime. The Sedition Act made it a crime for American citizens to "print, utter, or publish . . . any false, scandalous, and malicious writing" about the Government.

The laws were directed against Democratic-Republicans, the party typically favored by new citizens, and the only journalists prosecuted under the Sedition Act were editors of Democratic-Republican newspapers. Sedition Act trials, along with the Senate’s use of its contempt powers to suppress dissent, set off a firestorm of criticism against the Federalists and contributed to their defeat in the election of 1800, after which the acts were repealed or allowed to expire. The controversies surrounding them, however, provided for some of the first testings of the limits on freedom of speech and press.