But, having become the people's property, it is still far from being
mine; rather, it retains for me the subordinate significance of a
_permission_. The people plays judge over my thoughts; it has the right
of calling me to account for them, or, I am responsible to it for them.
Jurors, when their fixed ideas are attacked, have just as hard heads and
hearts as the stiffest despots and their servile officials.
In the "_Liberale Bestrebungen_"[196] E. Bauer asserts that liberty of
the press is impossible in the absolutist and the constitutional State,
whereas in the "free State" it finds its place. "Here," the statement
is, "it is recognized that the individual, because he is no longer an
individual but a member of a true and rational generality, has the right
to utter his mind." So not the individual, but the "member," has liberty
of the press. But, if for the purpose of liberty of the press the
individual must first give proof of himself regarding his belief in the
generality, the people; if he does not have this liberty _through might
of his own_,--then it is a _people's liberty_, a liberty that he is
invested with for the sake of his faith, his "membership." The reverse
is the case: it is precisely as an individual that every one has open to
him the liberty to utter his mind. But he has not the "right": that
liberty is assuredly not his "sacred right." He has only the _might_;
but the might alone makes him owner. I need no concession for the
liberty of the press, do not need the people's consent to it, do not
need the "right" to it, nor any "justification." The liberty of the
press too, like every liberty, I must "take"; the people, "as being the
sole judge," cannot _give_ it to me. It can put up with the liberty that
I take, or defend itself against it; give, bestow, grant it it cannot. I
exercise it _despite_ the people, purely as an individual; _i. e._ I get
it by fighting the people, my--enemy, and obtain it only when I really
get it by such fighting, _i. e. take_ it. But I take it because it is my
property.
Sander, against whom E. Bauer writes, lays claim (page 99) to the
liberty of the press "as the right and the liberty of the _citizen in
the State_." What else does E. Bauer do? To him also it is only a right
of the free _citizen_.
Public-domain text, read in full here on John Shaqi.
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