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feelings incident to human nature; that it is hardly ever kept under
restraint by anything but want of power; and as the power is not
declining; but growing; unless a strong barrier of moral conviction
can be raised against the mischief; we must expect; in the present
circumstances of the world; to see it increase。
It will be convenient for the argument; if; instead of at once
entering upon the general thesis; we confine ourselves in the first
instance to a single branch of it; on which the principle here
stated is; if not fully; yet to a certain point; recognised by the
current opinions。 This one branch is the Liberty of Thought: from
which it is impossible to separate the cognate liberty of speaking and
of writing。 Although these liberties; to some considerable amount;
form part of the political morality of all countries which profess
religious toleration and free institutions; the grounds; both
philosophical and practical; on which they rest; are perhaps not so
familiar to the general mind; nor so thoroughly appreciated by many
even of the leaders of opinion; as might have been expected。 Those
grounds; when rightly understood; are of much wider application than
to only one division of the subject; and a thorough consideration of
this part of the question will be found the best introduction to the
remainder。 Those to whom nothing which I am about to say will be
new; may therefore; I hope; excuse me; if on a subject which for now
three centuries has been so often discussed; I venture on one
discussion more。
Chapter 2。
Of the Liberty of Thought and Discussion。
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
of and so triumphantly enforced by preceding writers; that it needs
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;* 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 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。
* These words had scarcely been written; when; as if to give them
an emphatic contradiction; occurred the Government Press
Prosecutions of 1858。 That ill…judged interference with the liberty of
public discussion has not; however; induced me to alter a single
word in the text; nor has it at all weakened my conviction that;
moments of panic excepted; the era of pains and penalties for
political discussion has; in our own country; passed away。 For; in the
first place; the prosecutions were not persisted in; and; in the
second; they were never; properly speaking; political prosecutions。
The offence charged was not that of criticising institutions; or the
acts or persons of rulers; but of circulating what was deemed an
immoral doctrine; the lawfulness of Tyrannicide。
If the arguments of the present chapter are of any validity; there
ought to exist the fullest liberty of professing and discussing; as
a matter of ethical conviction; any doctrine; however immoral it may
be considered。 It would; therefore; be irrelevant and out of place
to examine here; whether the doctrine of Tyrannicide deserves that
title。 I shall content myself with saying that the subject has been at
all times one of the open questions of morals; that the act of a
private citizen in striking down a criminal; who; by raising himself
above the law; has placed himself beyond the reach of legal punishment
or control; has been accounted by whole nations; and by some of the
best and wisest of men; not a crime; but an act of exalted virtue; and
that; right or wrong; it is not of the nature of assassination; but of
civil war。 As such; I hold that the instigation to it; in a specific
case; may be a proper subject of punishment; but only if an overt
act has followed; and at least a probable connection can be
established between the act and the instigation。 Even then; it is
not a foreign government; but the very government assailed; which
alone; in the exercise of self…defence; can legitimately punish
attacks directed against its own existence。
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。
First: the opinion which it is attempted to suppress by authority
may possibly be true。 Those who desire to su