Evening star., 1921-02-13
What Is a Domestic Enemy?

The difficulty OF the Department OF
Justice in dealing with the radicals
wK6 are now preaching bolshevism
and seeking to foment revolution in
this country for the overturn of the
system of government arises from the
fact that there has never been
statutory definition Of the domestic
enemy.'' Sedition laws have been pass
ed lin time of war, but the statute
books of the United States have never
borne and enactment which defines the
degree of criticism and agitation per-
missible in country of free speech
ane free press
Heretofore all efforts to secure such
a statutory definition of domestic
eneny" have been thwarted by the
obstacle of unwillingness on the part
of Congress to limit freedom Of speech
and publication. 1t would seem, how
ever. that the matter is not so hard as
it. has been made to appear. There
isisof course, no absolute freedom of
speech here or elsewhere. That is,
there is no such freedom as to permit
operson to say in public whatever
he wishes to say regardless Of morals
or effect upon the public safety. There
are laws against profanity which are
occasionally enforced. There are laws
against slander. There are laws also
prohibiting threats against the bodily
security or the welfare of others.
No law can be enacted and main
tanned prohibiting advocacy of a
change of government by lawful, Or
derly procedure. If anybody in this
country wishes to propose and urge
the establishment Of monarchy or
an anarchy by change Of the Consti-
tuition he is at liberty to do so, as
stunning always that he makes his ap-
peal in terms of the processes Of
amendment now established.
But it is entirely a different matter
to'propose change by force. by revolu.
ton. by stealth and seditious under
mining That is what the bolshevik
prppaganda-accredi it to foreign
sodrces-is seeking. Its speakers. such
as the man who addressed an audience
ins this city the other night, are trying
to start a revolution, trying to over.
throw the existing form Of govern.
mept By force. Such a person is un-
doQbtediy domestic enemy and
should be prevented from preaching
his doctrines openly.T -, -.
II law were enacted making such
a definition it would be. within the
right OF any person to stand upon
platform or soap box or any other
forum and praise bolshevism and its
leaders. to extol the virtues of those
who have set up anarchical govern
mepts elsewhere, and by even direct
appeal to urge his hearers to work
for the establishment Of such a system
here. provided he besought them to
strive to this end through the regular
orderly change of the fundamental
law. But step beyond that, an ap-
peal for change by force or betrayal
or any means other than constitutional
amendment through the established
processes would be sedition, punish
able by whatever penalties the law
might impose.
Cnder such law it would remain
for the courts to determine whether
a person accused had gone beyond the
legitimate boundary Of agitation into
the realm OF sedition. Such ques-
tiqas can well be left to the court.
The present situation, however, can
not be safely permitted to remain.
There must be some safeguard against
the free speech" which seeks violent
overhIrn. which aims to make the
minority master and to subvert the
rights OF the majority Of the people.
To that end a domestic enemy law
should be promptly enacted.