Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
But I turn from these relatively simple matters to the political aspect
of freedom of expression which is, of course, the pith of the whole
problem. How far is a man entitled to go in an attack upon the social
order? What opinions, if any, are to be prohibited on the ground that
they incite to subversive conduct? Is there a distinction between the
printed word and the spoken word? Is there a distinction between speech
in one place, and speech in another? Is there a difference between
normal times and a time of crisis like, let us say, a war or a general
strike? At what point, if any, do words become acts of which authority
must take account to fulfil its primary duty of maintaining the peace?
It will, I think, be universally agreed that all criticism of social
institutions is a matter of degree. Let us take the problem first as
we meet it in normal times and let us view it from the angle of the
English law of sedition.[29] Here it may be said at once that were
that law enforced in its literal terms, political controversy in
England would be impossible. For the declared purpose of the law is to
prevent the established institutions of the state from being brought
into hatred or contempt, and every leader of the opposition is seeking
to do precisely that thing when he makes a political speech. Anyone
who reads, for instance, the utterances of Lord Carson at the time of
the Home Rule fight in 1914, or of Mr Ramsay MacDonald in the General
Election of 1929, cannot avoid the conclusion that, taken literally,
they were seditious. Yet all of us agree that it is not the purpose of
the law to prevent such speeches being made. When, therefore, if ever,
is that law to be brought into operation?
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