Evening star., 1919-03-23
LEGISLATION TO STOP.
PROPAGANDA BY REDS
PUZZLE FOR CONGRESS
Constitutional GUARANTEES and Question
of Expediency Both Urged Against =
Proposed Restrictive Laws. =.

, IN the Constitution does not give indi-
viduals the right to urge the overthrow
OF the Constitution and government OF
the United States by violence. as so
done and are doing.
I'm my opinion IL should be made a
| crime to urge the overthrow of the gov-
| ernment Of the United States by vio-
lence," he said. There should be a fed
eral statute to this effect"
Senator Nelson of Minnesota suggest
ed two methods OF reaching the red
propaganda. one through a law making
| it unlawful to send such literature
through the mails and providing a ptin-
ishment therefor. and the other through.
a law making 1t a crime to transmit
| similar literature in interstate COM
merce.
During the administration OF John
Adams as President the Congress did
enact laws making it a crime to az
tack in violent language the Presi-
dent and the two houses OF Congress
| Under these laws. several persons
But these laws were used largely az a
| weapon to punish political attacks
upon the federalist administration, at
that time. when war between the
ened, but was not formally declared.
Punished Under Old Law.
A citizen of New Jersey. who had
expressed wish that the wad of a
cannon fired as salute to the
| President. had hit him "on the
rear bulge of his breeches" was
! fined 500. Another victim of this
| law was Matthew Lyon of Vermont,
| who was seeking reelection to Con-
gress. He charged the President with
| 'unbounded thirst for ridiculous
pomp, foolish adulation and selfish
avarice." This criticism of the execu-
tive cost him $1,000 in fines and he
was compelled to serve four months
| in jail.
| The supporters of the proposed law
! to protest the government against
| red propaganda, however point out
that it is not designed to protect any
political party nor any officer of tho
| government from criticism and at
tack. but to protect the very form Of
| government itself under which the
United States was created and now
] exists. If there is to be change in
the government, they insist, it should
be brought about by lawful means. by
j amendment to the Constitution, az
provided for in that instrument itself
and not through a violent revolution.
Fear Repressive Legislation.
There is another school of thought
on this question. however, and some
members of Congress Of ability be-
| long to it. This school of thought 10
inclined to the belief that the common
sense of the American people will
handle the situation, as it has in the
past, when "isms" of various kinds.
have been brought forward.
T, They hold that any legislation
which appears to curb in any way
the freedom of the press or OF speech.
even though the speech and the press
proceed to unlicensed bounds-to the
advocacy of the overthrow of the
government of the United States,
| would be more dangerous than the
red propaganda itself The force of
public opinion Pn they continued vii.
form Of government of the United
States. they urge, then it cannot stand
in any event
The proponents Of Hesitation. on
the other hand, point out that the
| radical propaganda exists merely foE
the creation of public opinion. Why.
they say. should the government be
permitted to be endangered through
a hothouse growth of public opinion
/ Of this kind? The strength of propa-
ganda in the development OF public
| opinion has been demonstrated again
and again during the war Propa.'
ganda of all kinds has been attempted
countries. The Germans were experts
in this line. Why. when the war is
over, should the bolsheviki supplant
| the German propagandists in the:
effort to overthrow the government Of
the United States and go scott free. >
they say?
Senator King would like to see ep-
! acted. legislation which would mako
it a crime to urge or incite to the
destruction Of life and property
through violence. However, both he.
and the legal authorities of the gov
ernment believe that it would not be
possible to have such a law enacted,
or sustained.