Representative British Orations Volume 4 (of 4): With Introductions and Explanatory Notes — John Shaqi
Representative British Orations Volume 4 (of 4): With Introductions and Explanatory Notes
History
Representative British Orations Volume 4 (of 4): With Introductions and Explanatory Notes
Speeches, addresses, etc., English
I do, therefore, feel not only gratified in having the occasion, but
bound to express my opinion upon the real law of this subject. I know
that opinion is but of little weight. I have no professional rank,
or station, or talents to give it importance, but it is an honest
and conscientious opinion, and it is this--that in the discussion of
_public subjects_, and of the administration of _public men_, _truth_
is a duty and not _a crime_.
You can, at least, understand _my_ description of the liberty of
the Press. That of the Attorney-General is as unintelligible as
contradictory. He tells you, in a very odd and quaint phrase, that the
liberty of the Press consists in there being no previous restraint upon
the tongue or the pen. How any _previous_ restraint could be imposed on
the tongue it is for this wisest of men to tell you, unless, indeed,
he resorts to Doctor Lad’s prescription with respect to the toothache
eradication. Neither can the absence of previous restraint constitute
a free Press, unless, indeed, it shall be distinctly ascertained,
and clearly defined, what shall be subsequently called a crime. If
the crime of libel be undefined, or uncertain, or capricious, then,
instead of the absence of restraint before publication being an
advantage, it is an injury; instead of its being a blessing, it is a
curse--it is nothing more than a pitfall and snare for the unwary.
This liberty of the Press is only an opportunity and a temptation
offered by the law to the commission of crime--it is a trap laid to
catch men for punishment--it is not the liberty of discussing truth
or discountenancing oppression, but a mode of rearing up victims for
prosecution, and of seducing men into imprisonment.
Yet, can any gentleman concerned for the Crown give me a definition
of the crime of libel? Is it not uncertain and undefined; and, in
truth, is it not, at this moment, quite subject to the caprice and
whim of the judge and of the jury? Is the Attorney-General--is the
Solicitor-General--disposed to say otherwise? If he do, he must
contradict his own doctrine, and adopt mine.
Public-domain text, read in full here on John Shaqi.
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