The time, it is to be hoped, is gone by, when any defence would be
necessary of the "liberty of the press" as one of the securities against
corrupt or tyrannical government. No argument, we may suppose, can now
be needed, against permitting a legislature or an executive, not
identified in interest with the people, to prescribe opinions to them,
and determine what doctrines or what arguments they shall be allowed to
hear. This aspect of the question, besides, has been so often and so
triumphantly enforced by preceding writers, that it need not be
specially insisted on in this place. Though the law of England, on the
subject of the press, is as servile to this day as it was in the time of
the Tudors, there is little danger of its being actually put in force
against political discussion, except during some temporary panic, when
fear of insurrection drives ministers and judges from their
propriety;[6] and, speaking generally, it is not, in constitutional
countries, to be apprehended that the government, whether completely
responsible to the people or not, will often attempt to control the
expression of opinion, except when in doing so it makes itself the organ
of the general intolerance of the public. Let us suppose, therefore,
that the government is entirely at one with the people, and never thinks
of exerting any power of coercion unless in agreement with what it
conceives to be their voice. But I deny the right of the people to
exercise such coercion, either by themselves or by their government. The
power itself is illegitimate. The best government has no more title to
it than the worst. It is as noxious, or more noxious, when exerted in
accordance with public opinion, than when in or opposition to it. If all
mankind minus one, were of one opinion, and only one person were of the
contrary opinion, mankind would be no more justified in silencing that
one person, than he, if he had the power, would be justified in
silencing mankind. Were an opinion a personal possession of no value
except to the owner; if to be obstructed in the enjoyment of it were
simply a private injury, it would make some difference whether the
injury was inflicted only on a few persons or on many. But the peculiar
evil of silencing the expression of an opinion is, that it is robbing
the human race; posterity as well as the existing generation; those who
dissent from the opinion, still more than those who hold it. If the
opinion is right, they are deprived of the opportunity of exchanging
error for truth: if wrong, they lose, what is almost as great a benefit,
the clearer perception and livelier impression of truth, produced by its
collision with error.
It is necessary to consider separately these two hypotheses, each of
which has a distinct branch of the argument corresponding to it. We can
never be sure that the opinion we are endeavouring to stifle is a false
opinion; and if we were sure, stifling it would be an evil still.