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comprehension or feeling of its rational grounds。 And not only this；
but； fourthly； the meaning of the doctrine itself will be in danger of
being lost； or enfeebled； and deprived of its vital effect on the
character and conduct： the dogma becoming a mere formal profession；
inefficacious for good； but cumbering the ground； and preventing the
growth of any real and heartfelt conviction； from reason or personal
experience。
Before quitting the subject of freedom of opinion； it is fit to take
some notice of those who say that the free expression of all
opinions should be permitted； on condition that the manner be
temperate； and do not pass the bounds of fair discussion。 Much might
be said on the impossibility of fixing where these supposed bounds are
to be placed； for if the test be offence to those whose opinions are
attacked； I think experience testifies that this offence is given
whenever the attack is telling and powerful； and that every opponent
who pushes them hard； and whom they find it difficult to answer；
appears to them； if he shows any strong feeling on the subject； an
intemperate opponent。
But this； though an important consideration in a practical point
of view； merges in a more fundamental objection。 Undoubtedly the
manner of asserting an opinion； even though it be a true one； may be
very objectionable； and may justly incur severe censure。 But the
principal offences of the kind are such as it is mostly impossible；
unless by accidental self…betrayal； to bring home to conviction。 The
gravest of them is； to argue sophistically； to suppress facts or
arguments； to misstate the elements of the case； or misrepresent the
opposite opinion。 But all this； even to the most aggravated degree； is
so continually done in perfect good faith； by persons who are not
considered； and in many other respects may not deserve to be
considered； ignorant or incompetent； that it is rarely possible； on
adequate grounds； conscientiously to stamp the misrepresentation as
morally culpable； and still less could law presume to interfere with
this kind of controversial misconduct。 With regard to what is commonly
meant by intemperate discussion； namely invective； sarcasm；
personality； and the like； the denunciation of these weapons would
deserve more sympathy if it were ever proposed to interdict them
equally to both sides； but it is only desired to restrain the
employment of them against the prevailing opinion： against the
unprevailing they may not only be used without general disapproval；
but will be likely to obtain for him who uses them the praise of
honest zeal and righteous indignation。 Yet whatever mischief arises
from their use is greatest when they are employed against the
comparatively defenceless； and whatever unfair advantage can be
derived by any opinion from this mode of asserting it； accrues
almost exclusively to received opinions。 The worst offence of this
kind which can be committed by a polemic is to stigmatise those who
hold the contrary opinion as bad and immoral men。 To calumny of this
sort； those who hold any unpopular opinion are peculiarly exposed；
because they are in general few and uninfluential； and nobody but
themselves feels much interested in seeing justice done them； but this
weapon is； from the nature of the case； denied to those who attack a
prevailing opinion： they can neither use it with safety to themselves；
nor； if they could； would it do anything but recoil on their own
cause。 In general； opinions contrary to those commonly received can
only obtain a hearing by studied moderation of language； and the
most cautious avoidance of unnecessary offence； from which they hardly
ever deviate even in a slight degree without losing ground： while
unmeasured vituperation employed on the side of the prevailing opinion
really does deter people from professing contrary opinions； and from
listening to those who profess them。
For the interest； therefore； of truth and justice； it is far more
important to restrain this employment of vituperative language than
the other； and； for example； if it were necessary to choose； there
would be much more need to discourage offensive attacks on
infidelity than on religion。 It is； however； obvious that law and
authority have no business with restraining either； while opinion
ought； in every instance； to determine its verdict by the
circumstances of the individual case； condemning every one； on
whichever side of the argument he places himself； in whose mode of
advocacy either want of candour； or malignity； bigotry； or intolerance
of feeling manifest themselves； but not inferring these vices from the
side which a person takes； though it be the contrary side of the
question to our own； and giving merited honour to every one；
whatever opinion he may hold； who has calmness to see and honesty to
state what his opponents and their opinions really are； exaggerating
nothing to their discredit； keeping nothing back which tells； or can
be supposed to tell； in their favour。 This is the real morality of
public discussion： and if often violated； I am happy to think that
there are many controversialists who to a great extent observe it； and
a still greater number who conscientiously strive towards it。
Chapter 3。
Of Individuality； as one of the Elements of Well…being。
SUCH BEING the reasons which make it imperative that human beings
should be free to form opinions； and to express their opinions without
reserve； and such the baneful consequences to the intellectual； and
through that to the moral nature of man； unless this liberty is either
conceded； or asserted in spite of prohibition； let us next examine
whether the same reasons do not require that men should be free to act
upon their opinions… to carry these out in their lives； without
hindrance； either physical or moral； from their fellow…men； so long as
it is at their own risk and peril。
This last proviso is of course indispensable。 No one pretends that
actions should be as free as opinions。 On the contrary； even
opinions lose their immunity when the circumstances in which they
are expressed are such as to constitute their expression a positive
instigation to some mischievous act。 An opinion that corn…dealers
are starvers of the poor； or that private property is robbery； ought
to be unmolested when simply circulated through the press； but may
justly incur punishment when delivered orally to an excited mob
assembled before the house of a corn…dealer； or when handed about
among the same mob in the form of a placard。 Acts； of whatever kind；
which； without justifiable cause； do harm to others； may be； and in
the more important cases absolutely require to be； controlled by the
unfavourable sentiments； and； wh