Читать книгу The German Classics of the Nineteenth and Twentieth Centuries, Volume 07 - Коллектив авторов, Ю. Д. Земенков, Koostaja: Ajakiri New Scientist - Страница 9

The freedom of public utterance (of which the press is one means, having advantage over speech in its more extended reach, though inferior to it in vivacity), the gratification of that prickling impulse to express and to have expressed one's opinion, is directly controlled by the police and State laws and regulations, which partly hinder and partly punish its excesses. The indirect guarantee lies in its innocuousness, and this again is mainly based on the rationality of the constitution, the stability of the government, and also on the publicity given to the assemblies of the classes. Another security is offered by the indifference and contempt with which insipid and malicious words are, as a rule, quickly met.

The definition of the freedom of the press as freedom to say and write what one pleases, is parallel to the one of freedom in general, viz., as freedom to do what one pleases. Such views belong to the uneducated crudity and superficiality of naïve thinking. The press, with its infinite variety of content and expression, represents what is most transient, particular, and accidental in human opinion. Beyond the direct incitation to theft, murder, revolt, etc., lies the art of cultivating the expression which in itself seems general and indefinite enough, but which, in a measure, conceals a perfectly definite meaning. Such expressions are partly responsible for consequences of which, since they are not actually expressed, one is never sure how far they are contained in the utterances and really follow from them. It is this indefiniteness of the content and form of the press which prevents the laws governing it from assuming that precision which one demands of laws. Thus the extreme subjectivity of the wrong, injury, and crime committed by the press, causes the decision and sentence to be equally subjective. The laws are not only indefinite, but the press can, by the skill and subtlety of its expressions, evade them, or criticise the judgment of the court as wholly arbitrary. Furthermore, if the utterance of the press is treated as an offensive deed, one may retort that it is not a deed at all, but only an opinion, a thought, a mere saying. Consequently, impunity is expected for opinions and words, because they are merely subjective, trivial, and insignificant, and, in the same breath, great respect and esteem is demanded for these opinions and words—for the opinions, because they are mine and my mental property, and for the words, because they are the free expression and use of that property. And yet the basic principle remains that injury to the honor of individuals generally, abuse, libel, contemptuous caricaturing of the government, its officers and officials, especially the person of the prince, defiance of the laws, incitement to revolt, etc., are all offenses and crimes of different grades.

However, the peculiar and dangerous effect of these acts for the individuals, the community, and the State depends upon the nature of the soil on which they are committed, just as a spark, if thrown upon a heap of gunpowder, has a much more dangerous result than if thrown on the mere ground, where it vanishes and leaves no trace. But, on the whole, a good many such acts, though punishable by law, may come under a certain kind of nemesis which internal impotence is forced to bring about. In entering upon opposition to the superior talents and virtues, by which impotence feels oppressed, it comes to a realization of its inferiority and to a consciousness of its own nothingness, and the nemesis, even when bad and odious, is, by treating it with contempt, rendered ineffectual. Like the public, which forms a circle for such activity, it is confined to a harmless malicious joy, and to a condemnation which reflects upon itself.