The danger is perhaps not great if the people of one State, through their legislature, decide that Lady Chatterley's Lover goes so far beyond the acceptable standards of candor that it will be deemed offensive and non-sellable, for the State next door is still free to make its own choice. At least we do not have one uniform standard. But the dangers to free thought and expression are truly great if the Federal Government imposes a blanket ban over the Nation on such a book. [...] The fact that the people of one State cannot read some of the works of D. H. Lawrence seems to me, if not wise or desirable, at least acceptable. But that no person in the United States should be allowed to do so seems to me to be intolerable, and violative of both the letter and spirit of the First Amendment.
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It seems self-evident that all speech criticizing government rulers and challenging current beliefs may be dangerous to the status quo. With full knowledge of this danger, the Framers rested our First Amendment on the premise that the slightest suppression of thought, speech, press, or public assembly is still more dangerous. This means that individuals are guaranteed an undiluted and unequivocal right to express themselves on questions of current public interest. It means that Americans discuss such questions as of right and not on sufferance of legislatures, courts or any other governmental agencies. It means that courts are without power to appraise and penalize utterances upon their notion that these utterances are dangerous. In my view, this uncompromising interpretation of the Bill of Rights is the one that must prevail if its freedoms are to be saved. Tyrannical totalitarian governments cannot safely allow their people to speak with complete freedom. I believe with the Framers that our free Government can.
Yet, unlike other secularists, he did occasionally criticize even Islam and Christianity. But not too much, so he did support the ban on Salman Rushdie’s The Satanic Verses: avoiding the inevitable bloodshed was more important than upholding freedom of speech. In this manner, the religious obscurantists always have their way on condition of credibly threatening violence, for then the secularists will present it as virtuous and wise to drop freedom of speech and give in to the demand for book-banning.
Of course, there are dangers in religious freedom and freedom of opinion. But to deny these rights is worse than dangerous, it is absolutely fatal to liberty. The external threat to liberty should not drive us into suppressing liberty at home. Those who want the Government to regulate matters of the mind and spirit are like men who are so afraid of being murdered that they commit suicide to avoid assassination. All freedom-loving nations, not the United States alone, are facing a stern challenge from the Communist tyranny. In the circumstances, alarm is justified. The man who isn't alarmed simply doesn't understand the situation — or he is crazy. But alarm is one thing, and hysteria is another. Hysteria impels people to destroy the very thing they are struggling to preserve. Invasion and conquest by Communist armies would be a horror beyond our capacity to imagine. But invasion and conquest by Communist ideas of right and wrong would be just as bad. For us to embrace the methods and morals of communism in order to defeat Communist aggression would be a moral disaster worse than any physical catastrophe. If that should come to pass, then the Constitution and the Declaration would be utterly dead and what we are doing today would be the gloomiest burial in the history of the world.
Books that get banned – historically and now in many, many states in the U.S. – are banned not because they are immoral (under accepted and promoted religious ideologies) but because they challenge a current orthodoxy. Often this orthodoxy is about sexuality, gender and sometimes race. But this is only part of what causes this – for the most part what we call “art” (good or bad art) is a product of the imagination. The nature of the imagination is to, well “imagine” – to think outside of the frames of the real, the material world, what is possible, what is considered acceptable. So this is the reason why “art” gets challenged most often by censorship --- it is, or can be, by its nature, a challenge to the status quo to what we are expected to accept as “normal".
Such superstitions which are in flagrant conflict with scientific universalism, should be dealt with by intellectuals, and the state will have done more than its share if it does not impede the broadcasting of their criticism of these superstitions. The state should just refrain from banning books eventhough they hurt the feelings of those steeped in the said superstitions. It should refrain from pressurizing or boycotting or prosecuting people who perform their legitimate task of educating people concerning such superstitions. It should refrain from imposing history-distortions on schoolbooks, i.e. from concealing the truth about the evil effects of such superstitions. (That the Indian state is so far not secular enough to refrain from this sabotage of the intellectual struggle against superstition, is shown in ch. 12)
We must include that harmful and never sufficiently denounced freedom to publish any writings whatever and disseminate them to the people, which some dare to demand and promote with so great a clamor. We are horrified to see what monstrous doctrines and prodigious errors are disseminated far and wide in countless books, pamphlets, and other writings which, though small in weight, are very great in malice. We are in tears at the abuse which proceeds from them over the face of the earth. Some are so carried away that they contentiously assert that the flock of errors arising from them is sufficiently compensated by the publication of some book which defends religion and truth. Every law condemns deliberately doing evil simply because there is some hope that good may result. Is there any sane man who would say poison ought to be distributed, sold publicly, stored, and even drunk because some antidote is available and those who use it may be snatched from death again and again? The Church has always taken action to destroy the plague of bad books.
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