Congress established the Logan Act in 1799, less than one year after passage of the ALIEN AND SEDITION ACTS, which authorized the arrest and deportation of ALIENS and prohibited written communication defamatory to the U.S. government. The 1799 act was named after Dr. George Logan. A prominent Republican and Quaker from Pennsylvania, Logan did not draft or introduce the legislation that bears his name, but was involved in the political climate that precipitated it.
In the late 1790s, a French trade embargo and jailing of U.S. seamen created animosity and unstable conditions between the United States and France. Logan sailed to France in the hope of presenting options to its government to improve relations with the United States and quell the growing anti-French sentiment in the United States. France responded by lifting the embargo and releasing the captives. Logan's return to the United States was marked by Republican praise and Federalist scorn. To prevent U.S. citizens from interfering with negotiations between the United States and foreign governments in the future, the Adams administration
In 1984 Democratic presidential candidate Jesse Jackson met with Cuban president Fidel Castro and later described a ten-point agreement the two had reached. His negotiations with Castro may have violated the Logan Act, but Jackson was not prosecuted.
quickly introduced the bill that would become the Logan Act.
The Logan Act has remained almost unchanged and unused since its passage. The act is short and reads as follows:
Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.
This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects.
The language of the act appears to encompass almost every communication between a U.S. citizen and a foreign government considered an attempt to influence negotiations between their two countries. Because the language is so broad in scope, legal scholars and judges have suggested that the Logan Act is unconstitutional. Historically, the act has been used more as a threat to those engaged in various political activities than as a weapon for prosecution. In fact, Logan Act violations have been discussed in almost every administration without any serious attempt at enforcement, and to date there have been no convictions and only one recorded indictment.
One example of the act's use as a threat of prosecution involved the Reverend JESSE JACKSON. In 1984 Jackson took well-publicized trips to Cuba and Nicaragua and returned with several Cuban political prisoners seeking ASYLUM in the United States. President RONALD REAGAN stated that Jackson's activities may have violated the law, but Jackson was not pursued beyond a threat.
The only Logan Act indictment occurred in 1803. It involved a Kentucky newspaper article that argued for the formation in the western United States of a separate nation allied to France. No prosecution followed.
FURTHER READINGS
Kearney, Kevin M. 1987. "Private Citizens in Foreign Affairs: A Constitutional Analysis." Emory Law Journal 36 (winter).
Roth, Brad R. 1993. "The First Amendment in the Foreign Affairs Realm: 'Domesticating' the Restrictions on Citizen Participation." Temple Political and Civil Rights Law Review 2 (spring).
User Comments Add a comment…
13 days ago
It is time that the Logan Act is used to prosecute John McCain, Karl Rove, Joe Lieberman, and others who, on the behalf of corporate interests and the military industrial complex wish to expose citizens of the United States to a thermonuclear conflict just so they might retain power.
about 1 month ago
Everyone's comments below are so true. To reiterate: We are no longer living in a country where political leaders are chosen, but rather chosen for us. We have been tricked into accepting that human rights are a thing of the past, we have a small, select, elite who plan and forecast the political, economic and social implications for us. Ladies and gentleman, welcome to the new world order. The European Union, despite heavy concerns from Europeans and economists still came into existance, and let me say that the North American Union is not too far away from becoming a reality... The problem is that Americans have been dumbed down and brought to worship a fake idol. We no longer believe in the fundamental ideals which brought our forefathers to this great country. It is disgusting for me to begin to imagine a country with more hippocritical beliefs than the American government. Is torture good or is it bad? Well according to this administration, it depends on who you are and who you are interrorgating and what the circumstances are. Many countrys have pegged their currency to the US dollar and are now falling along with us. Americans, open your eyes, become aware of the situations occuring in yout country... try for 2 seconds to pry yourself away from Brittney gossip and look at bigger issues, like The Logan Act, Bildergerg, Bohemian Grove, Alabama Guidelines... Stand up for democracy, if not for yourself, then for your children...
2 months ago
All U.S. citizens that deal and have meetings with the Bilderberg group on U.S. soil should be indicted; especially presidential candidates. AMERICAN PATRIOT Members of the fedral government are also guilty of this this crime. But lets not talk about that, lets go ahead and brush that under the table. We alL know they will never be touched. There is no Democracy, but The United States is not a Democracy. It was never designed to be a Democracy. So what is it ? Good question, let me go ahead and answer that question for you. The United States of America IS a Constitutional republic for which it stands. Too sum it up in laymans terms. The United States of america was designed/CREATED for one thing. To be a Vessle of Liberty to all human beings living within it's borders Legaly. Not Mexico, not Canada. And now look at it.... We police the world. We engage in nation building. We have 170 bases around the world. We no longer have Personal Privacy. We invade and conquer other nations. This is why we no longer have any respect anywhere across the planet. We turned in to old Germany. Not exactly but pretty dang close and getting closer. Now we are hearing about a New World Order. Just imagine if there was a new world order and a Hittler gained power. better yet imagine Hittler 1000 times more powerful. Why put all eggs in one basket ? And doesn't total power currupt totaly ? Have we learned nothing ? How many billions have to die ? THIS IS A OUTRAGE OF EPIC, NO WAIT, OF LEGENDARY PROPORTIONS. DEATH TO THE NEOCONSERVATIVE MOVEMENT. DEATH TO THE NEW WORLD ORDER. I think we better get our Country Back on track or there will be Another war in our own boarder lines or state to state wars and the return of the confederacy of state hood.
2 months ago
All U.S. citizens that deal and have meetings with the Bilderberg group on U.S. soil should be indicted; especially presidential candidates.
4 months ago
Members of the fedral government are also guilty of this this crime. But lets not talk about that, lets go ahead and brush that under the table. We alL know they will never be touched. There is no Democracy, but The United States is not a Democracy. It was never designed to be a Democracy. So what is it ? Good question, let me go ahead and answer that question for you. The United States of America IS a Constitutional republic for which it stands. Too sum it up in laymans terms. The United States of america was designed/CREATED for one thing. To be a Vessle of Liberty to all human beings living within it's borders Legaly. Not Mexico, not Canada. And now look at it.... We police the world. We engage in nation building. We have 170 bases around the world. We no longer have Personal Privacy. We invade and conquer other nations. This is why we no longer have any respect anywhere across the planet. We turned in to old Germany. Not exactly but pretty dang close and getting closer. Now we are hearing about a New World Order. Just imagine if there was a new world order and a Hittler gained power. better yet imagine Hittler 1000 times more powerful. Why put all eggs in one basket ? And doesn't total power currupt totaly ? Have we learned nothing ? How many billions have to die ? THIS IS A OUTRAGE OF EPIC, NO WAIT, OF LEGENDARY PROPORTIONS. DEATH TO THE NEOCONSERVATIVE MOVEMENT. DEATH TO THE NEW WORLD ORDER.
11 months ago
Nancy Pelosi should have been indicted after her trip to Syria