Cornell Law Review Volume 69 Article 5 Issue 4 April 1984 New Seditious Libel Judith Schenck Koffler Bennett L. Gershman Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Judith Schenck Koffler and Bennett L. Gershman, New Seditious Libel, 69 Cornell L. Rev. 816 (1984) Available at: http://scholarship.law.cornell.edu/clr/vol69/iss4/5 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact
[email protected]. THE NEW SEDITIOUS LIBEL Judith Schenck Koffert & Bennett L Gershman t Let all men take heede how they complayne in wordes against any magistrate, for they are gods. -- Star Chamber saying You've just got to trust us. -Richard Helms, former CIA Director INTRODUCTION Seditious libel is the crime of criticizing the government. It trans- forms dissent, which the first amendment has traditionally been thought to protect, into heresy. Fundamentally antidemocratic, the distinguish- ing feature of seditious libel is, as its nomenclature suggests, injury to the reputation of government or its functionaries. Those who impugn au- thority's good image are diabolized and their criticisms punished as blasphemy. In this way, the doctrine lends a juristic mask to political repression. Seditious libel is alive and well despite attempts of judges and scholars to knock it on the head once and for all.' It is difficult to recog- nize, however, for it wears the mantle of official secrecy and waves the banner of national security.