dd-c12-s20
Chapter 12: Force and Opinion Segment 20/20
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The doctrine of seditious libel was also upheld in the American colonies. The intolerance of dissent during the revolutionary period is notorious. The leading American libertarian, Thomas Jefferson, agreed that punishment was proper for "a traitor in thought, but not in deed," and authorized internment of political suspects. He and the other Founders agreed that "traitorous or disrespectful words" against the authority of the national state or any of its component states was criminal. "During the Revolution," Leonard Levy observes, "Jefferson, like Washington, the Adamses, and Paine, believed that there could be no toleration for serious differences of political opinion on the issue of independence, no acceptable alternative to complete submission to the patriot cause. Everywhere there was unlimited liberty to praise it, none to criticize it." At the outset of the Revolution, the Continental Congress urged the states to enact legislation to prevent the people from being "deceived and drawn into erroneous opinion." It was not until the Jeffersonians were themselves subjected to repressive measures in the late 1790s that they developed a body of more libertarian thought for self-protection -- reversing course, however, when they gained power themselves.90
Until World War I, there was only a slender basis for freedom of speech in the United States, and it was not until 1964 that the law of seditious libel was struck down by the Supreme Court. In 1969, the Court finally protected speech apart from "incitement to imminent lawless action." Two centuries after the revolution, the Court at last adopted the position that had been advocated in 1776 by Jeremy Bentham, who argued that a free goverment must permit "malcontents" to "communicate their sentiments, concert their plans, and practice every mode of opposition short of actual revolt, before the executive power can be legally justified in disturbing them." The 1969 Supreme Court decision formulated a libertarian standard which, I believe, is unique in the world. In Canada, for example, people are still imprisoned for promulgating "false news," recognized as a crime in 1275 to protect the King.91
In Europe, the situation is still more primitive. France is a striking case, because of the dramatic contrast between the self-congratulatory rhetoric and repressive practice so common as to pass unnoticed. England has only limited protection for freedom of speech, and even tolerates such a disgrace as a law of blasphemy. The reaction to the Salman Rushdie affair, most dramatically on the part of self-styled "conservatives," was particularly noteworthy. Rushdie was charged with seditious libel and blasphemy in the courts, but the High Court ruled that the law of blasphemy extended only to Christianity, not Islam, and that only verbal attack "against Her Majesty or Her Majesty's Government or some other institution of the state" counts as seditious libel. Thus the Court upheld a fundamental doctrine of the Ayatollah Khomeini, Stalin, Goebbels, and other opponents of freedom, while recognizing that English law protects only domestic power from criticism. Doubtless many would agree with Conor Cruise O'Brien, who, when Minister for Posts and Telegraphs in Ireland, amended the Broadcasting Authority Act to permit the Authority to refuse to broadcast any matter that, in the judgment of the minister, "would tend to undermine the authority of the state."92
We should also bear in mind that the right to freedom of speech in the United States was not established by the First Amendment to the Constitution, but only through dedicated efforts over a long period by the labor movement, the civil rights and anti-war movements of the 1960s, and other popular forces. James Madison pointed out that a "parchment barrier" will never suffice to prevent tyranny. Rights are not established by words, but won and sustained by struggle.
It is also worth recalling that victories for freedom of speech are often won in defense of the most depraved and horrendous views. The 1969 Supreme Court decision was in defense of the Ku Klux Klan from prosecution after a meeting with hooded figures, guns, and a burning cross, calling for "burying the nigger" and "sending the Jews back to Israel." With regard to freedom of expression there are basically two positions: you defend it vigorously for views you hate, or you reject it in favor of Stalinist/Fascist standards.93
Whether the instinct for freedom is real or not, we do not know. If it is, history teaches that it can be dulled, but has yet to be killed. The courage and dedication of people struggling for freedom, their willingness to confront extreme state terror and violence, is often remarkable. There has been a slow growth of consciousness over many years and goals have been achieved that were considered utopian or scarcely contemplated in earlier eras. An inveterate optimist can point to this record and express the hope that with a new decade, and soon a new century, humanity may be able to overcome some of its social maladies; others might draw a different lesson from recent history. It is hard to see rational grounds for affirming one or the other perspective. As in the case of many of the natural beliefs that guide our lives, we can do no better than to choose according to our intuition and hopes.
The consequences of such a choice are not obscure. By denying the instinct for freedom, we will only prove that humans are a lethal mutation, an evolutionary dead end; by nurturing it, if it is real, we may find ways to deal with dreadful human tragedies and problems that are awesome in scale.
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90 Ibid., 178-9, 297, 337ff.; Levy, Jefferson and Civil Liberties, 25f.
91 Levy, Emergence, 6, 167.
92 For a few of the many examples that might be cited in the case of France, see Necessary Illusions, 344. On the Rushdie affair, see Christopher Frew, "Craven evasion on the threat to freedom," Scotsman, Aug. 3, 1989, referring to the shameful behavior of Paul Johnson and Hugh Trevor-Roper -- who were not alone. High Court, NYT, April 10, 1990. O'Brien quoted in British Journalism Review, Vol. 1, No. 2, Winter 1990.
93 Levy, Emergence, 226-7; Harry Kalven, A Worthy Tradition (Harper & Row, 1988), 63, 227f., 121f. No such brief commentary on freedom of speech can pretend to be adequate. As noted, more complex questions arise when we pass from expression of views to expression that borders on incitement to action (say, ordering a killer with a gun to shoot), and when we consider the right to a private space and other matters. KEYWORDS terrorist democracy elections cia mossad bnd nsa covert operation 911 mi6 inside job what really happened wtc pentagon joint chiefs of staff jcs centcom laser hologram usa mi5 undercover agent female sex exploitation perception deception power anarchy green social democratic participation japanese spy black-op false flag gladio terror.
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