Seditious libel in the context of Trial of Thomas Paine


Seditious libel in the context of Trial of Thomas Paine

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⭐ Core Definition: Seditious libel

Seditious libel is a criminal offence under common law of printing written material with seditious purpose – that is, the purpose of bringing contempt upon a political authority. It is still an offence in Canada but has been abolished in England and Wales, although similar provisions continue to exist under different wording in other statutes.

American scholar Leonard W. Levy argues that seditious libel "has always been an accordion-like concept, expandable or contractible at the whim of judges".

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👉 Seditious libel in the context of Trial of Thomas Paine

The trial of Thomas Paine for seditious libel was held on 18 December 1792 in response to his publication of the second part of the Rights of Man. The government of William Pitt, worried by the possibility that the French Revolution might spread to England, had begun suppressing works that espoused radical philosophies.

Paine's work, which advocated the right of the people to overthrow their government, was duly targeted, with a writ for his arrest issued on 21 May. Paine fled to France in September since he had been elected a member of the National Convention in France. He was instead represented in absentia by Thomas Erskine, a noted lawyer and orator who was severely criticised by government supporters in the months leading up to the trial.

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Seditious libel in the context of Sedition

Sedition is overt conduct, such as speech or organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, established authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel. A seditionist is one who engages in or promotes the interest of sedition.

Because sedition is overt, it is typically not considered a subversive act, and the overt acts that may be prosecutable under sedition laws vary by jurisdiction.

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Seditious libel in the context of Thomas Paine

Thomas Paine (born Thomas Pain, February 9, 1737 [O.S. January 29, 1736] – June 8, 1809; /ˈtɒməs ˈpn/) was an English-born American Founding Father, French Revolutionary, inventor, political philosopher, and statesman. His pamphlets Common Sense (1776) and The American Crisis (1776–1783) framed the Patriot argument for independence from Great Britain at the outset of the American Revolution. Paine advanced Enlightenment-era arguments for human rights that shaped revolutionary discourse on both sides of the Atlantic.

Born in Thetford, Norfolk, Paine immigrated to the British American colonies in 1774 with the help of Benjamin Franklin, arriving in time to participate in the American Revolution. Virtually every American Patriot read his 47-page pamphlet Common Sense, which catalyzed the call for independence from Great Britain. He followed that breakthrough with the pro-independence American Crisis pamphlet series. Paine returned to Britain in 1787 and wrote Rights of Man (1791) to rebut critics of the French Revolution, particularly the Anglo-Irish conservative writer Edmund Burke. His authorship of the tract led to a trial and conviction in absentia in England in 1792 for the crime of seditious libel.

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