Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
You will see that my anxiety is to maximize the difficulties of any
government which desires to initiate prosecutions in this realm. My
reason for this view is the quite simple one that I do not trust the
executive power to act wisely in the presence of any threat, nor
assumed threat, to public order. Anyone who studies the treason trials
of 1794, or, even more striking, the cases under the Espionage Act in
America during 1917-20, will be convinced of the unwisdom of allowing
the executive an undue latitude. Every state contains innumerable and
stupid men who see in unconventional thought the imminent destruction
of social peace. They become Ministers; and they are quite capable of
thinking that a society of Tolstoyan anarchists is about to attempt
a new gunpowder plot. If you think of men like Lord Eldon, like Sir
William Joynson-Hicks, like Attorney-General Palmer, you will realize
how natural it is for them to believe that the proper place for Thoreau
or Tolstoy, for William Morris or Mr Bernard Shaw, is a prison. I am
unable to take that view; and I am therefore anxious that they should
not be able to make it prevail without finding that there are barriers
in their path.
III
Views such as I have put forward are often regarded with sympathy
when their validity is limited to normal times. In a crisis, it is
argued, different considerations prevail. When the safety of a state
is threatened it is bound to take, and is justified in taking, all
action to end the crisis. To suggest that it should be then bound by
principles which weaken its effective striking power, is, it is said,
to ask it to fight with one hand tied behind its back. The first
objective of any society must be organized security; it is only when
this has been obtained, that freedom of speech is within the pale of
discussion.
I am unable to share this view. We have really to examine two quite
different positions. There is, first, the question of the principles
to be applied in a period of internal violence; there is, next, the
quite special question of limitation upon utterance in a period of
war. I agree at once that it is entirely academic to demand freedom of
speech in a time of civil war, for the simple reason that no one will
pay the slightest attention to the demand; violence and freedom are,
_a priori_, contradictory terms. But I would point out two things. In
general, revolutions fail because those who make them deny freedom to
their opponents. Losing criticism, they do not know the limits within
which they can safely operate; they lose their power because they are
not told when they are abusing it. I can think of no revolutionary
period in history when a government has gained by stifling the opinion
of men who did not see eye to eye with it; and I suggest that the
revolutionary insistence that persuasion is futile finds little
creative evidence in its support.
Public-domain text, read in full here on John Shaqi.
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