It is not, therefore, the liberty of thought and belief that Mr. Mill
finds it necessary to defend, in his exposition of the first division of
the subject; but it is only that of expression and discussion--the
liberty of the press--the right to make known opinions upon any subject,
and to produce arguments in support of them. In this country, it may be
supposed to be wholly unnecessary to investigate this subject, inasmuch
as the liberty of the press is here maintained to the most unlimited
extent. So far as the mere legal right is involved, this is undoubtedly
true; the established laws interpose no impediment to the expression and
publication of opinions, except those indispensable regulations which
are intended to preserve the public peace and morality, and to protect
private character from wanton injury. We have no reason to fear any
invasion of the liberty of the press--any political interference with
the right of free discussion--unless in times of great public danger,
or, as Mr. Mill says, 'during some temporary panic, when fear of
insurrection drives ministers and judges from their propriety.' But
there is a despotism of society, in this country as well as elsewhere,
which, independent of law or authority, often imposes silence on
unpopular opinions, and suppresses all discussion, by means of those ten
thousand appliances and expedients adopted by communities to express
displeasure and to command obedience. Even, however, if there were not
the slightest evidence of intolerance in the country, if the rational
principles of liberty were universally acknowledged and practised upon,
it would still be most useful and interesting to follow this author in
his admirable discussion of the subject.
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