On July 14, 1798, U.S. Congress passed the Sedition Act (officially "An Act for the Punishment of Certain Crimes against the United States"). The Sedition Act made it a crime to publish "false, scandalous, and malicious writing" against the government or its officials.

The Sedition Act was one of four Acts, often known collectively as the Alien and Sedition Acts, that were enacted in 1798 during an undeclared naval war with France. The Acts were all signed into law by President John Adams, and were set to expire in 1801, one day before his Presidential term would end. Supporters of the legislation claimed the acts were designed to protect the United States from alien citizens of enemy powers and to prevent seditious attacks, that is, speech that aims towards insurrection from weakening the government.

However, the Acts were considered by many to be unconstitutional, as well as designed to stifle criticism of the administration. They were seen as a major violation of the right to free speech. The Acts became a major political issue in the elections of 1798 and 1800. The Acts expired in 1801, before their unconstitutionality could ever be proven. The Sedition Act has been brought up several times in Supreme Court cases since then, and it has always been treated as though it would have been ruled unconstitutional if it had been tested in court.