“At their own risk and peril.” In other words, at the risk of eternal
damnation. The premise from which Mill argued was that many opinions
then under the ban of society were of no interest to society, and ought
therefore not to be interfered with. The orthodoxy with which he was at
war was chiefly theocratic. It assumed that a man’s opinions on cosmic
affairs might endanger his personal salvation and make him a dangerous
member of society. Mill did not believe in the theological view, did
not fear damnation, and was convinced that morality did not depend upon
the religious sanction. In fact, he was convinced that a more reasoned
morality could be formed by laying aside theological assumptions. “But
no one pretends that actions should be as free as opinions.” The plain
truth is that Mill did not believe that much action would result from
the toleration of those opinions in which he was most interested.
Political heresy occupied the fringe of his attention, and he uttered
only the most casual comments. So incidental are they, so little do
they impinge on his mind, that the arguments of this staunch apostle of
liberty can be used honestly, and in fact are used, to justify the bulk
of the suppressions which have recently occurred. “Even opinions lose
their immunity, _when the circumstances_ in which they are expressed
are such as to constitute their expression a positive instigation to
some mischievious act.” Clearly there is no escape here for Debs or
Haywood or obstructors of Liberty Loans. The argument used is exactly
the one employed in sustaining the conviction of Debs.
In corroboration Mill’s single concrete instance may be cited: “An
opinion that corn dealers are starvers of the poor, or that private
property is robbery, ought to be unmolested when simply circulated
through the press, but may justly incur punishment when delivered
orally to an excited mob assembled before the house of a corn dealer,
or when handed about among the same mob in the form of a placard.”
Clearly Mill’s theory of liberty wore a different complexion when he
considered opinions which might directly affect social order. Where the
stimulus of opinion upon action was effective he could say with entire
complacency, “The liberty of the individual must be thus far limited;
he must not make himself a nuisance to other people.” Because Mill
believed this, it is entirely just to infer that the distinction drawn
between a speech or placard and publication in the press would soon
have broken down for Mill had he lived at a time when the press really
circulated and the art of type-display had made a newspaper strangely
like a placard.
Public-domain text, read in full here on John Shaqi.
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