Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
I do not see any rational alternative to this view. But here I should
emphasize my own belief that, broadly speaking, such freedom of
expression as I have discussed means freedom to express one’s ideas
on general subjects, on themes of public importance, rather than on
the character of particular persons. I have not, I think, a right to
suggest that Jones beats his wife, or that Brown continually cheats his
employer, unless I can prove, first that the suggestions are true, and,
second, that they have a definite public import. I have not a right to
create scandal because I find pleasure or profit in speaking ill of
my neighbour. But if Brown, for instance, is a candidate for public
office, my view that he cheats his employer is directly relevant to
the question of his fitness to be elected; and if I can prove that my
view is true, it is in the public interest that I should make it known.
I cannot, that is to say, regard my freedom of expression as unlimited.
I ought not to be permitted to inflict unnecessary pain on any person
unless there is relevant social welfare in that infliction.
On the other hand, I would make one remark here that seems to me of
increasing importance in a society like our own. The public interest in
the habits of individuals is real, and we must be careful to give it
its proper protection. It is, I think, reasonable to doubt whether the
Anglo-American law of libel, in its present state, does not push too
far the right of the individual citizen to be protected from comment.
Outrageous damages, which bear no measurable relation to anything, are
often claimed and not seldom awarded. Where a political flavour enters
into a case, it is difficult, and sometimes impossible, to persuade a
jury to consider the issue on its merits. I have myself sat on a jury
in a political libel case of which I can only say that I was almost
persuaded to doubt the validity of the jury-system altogether by the
habits there displayed. I am tempted to suggest that, criminal libel
apart, it would be worth while considering the abolition of damages in
all political or quasi-political cases, and the concentration, as an
alternative, upon proper publicity for the form of apology where the
libel is held to be proved. We have, for instance, got into the bad
habit in England of thinking that the social position of the plaintiff
is a measure of the damages he should receive; and it is well known
that there are places where, for instance, a socialist could hardly
hope even for a verdict from any average jury. The case for careful
inquiry, at any rate, seems to me to be made out. As the law at present
stands and works, I do not think I could even say of a candidate for
the House of Commons that he was not likely to be more than a permanent
back-bencher without having to pay heavily for my opinion.
II
Public-domain text, read in full here on John Shaqi.
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