THE DIFFERENCE BETWEEN LAW AND CENSORSHIP

The answer is that a pamphlet, a newspaper article, or a resolution

moved at a political meeting can do all the mischief that a play can,

and often more; yet we do not set up a permanent censorship of the press

or of political meetings. Any journalist may publish an article, any

demagogue may deliver a speech without giving notice to the government

or obtaining its licence. The risk of such freedom is great; but as it

is the price of our political liberty, we think it worth paying. We may

abrogate it in emergencies by a Coercion Act, a suspension of the

Habeas Corpus Act, or a proclamation of martial law, just as we stop

the traffic in a street during a fire, or shoot thieves at sight if they

loot after an earthquake. But when the emergency is past, liberty

is restored everywhere except in the theatre. The Act of 1843 is a

permanent Coercion Act for the theatre, a permanent suspension of

the Habeas Corpus Act as far as plays are concerned, a permanent

proclamation of martial law with a single official substituted for a

court martial. It is, in fact, assumed that actors, playwrights, and

theatre managers are dangerous and dissolute characters whose existence

creates a chronic state of emergency, and who must be treated as

earthquake looters are treated. It is not necessary now to discredit

this assumption. It was broken down by the late Sir Henry Irving when

he finally shamed the Government into extending to his profession the

official recognition enjoyed by the other branches of fine art. To-day

we have on the roll of knighthood actors, authors, and managers. The

rogue and vagabond theory of the depravity of the theatre is as dead

officially as it is in general society; and with it has perished the

sole excuse for the Act of 1843 and for the denial to the theatre of

the liberties secured, at far greater social risk, to the press and the

platform.

There is no question here of giving the theatre any larger liberties

than the press and the platform, or of claiming larger powers for

Shakespear to eulogize Brutus than Lord Rosebery has to eulogize

Cromwell. The abolition of the censorship does not involve the abolition

of the magistrate and of the whole civil and criminal code. On the

contrary it would make the theatre more effectually subject to them

than it is at present; for once a play now runs the gauntlet of the

censorship, it is practically placed above the law. It is almost

humiliating to have to demonstrate the essential difference between a

censor and a magistrate or a sanitary inspector; but it is impossible

to ignore the carelessness with which even distinguished critics of

the theatre assume that all the arguments proper to the support of a

magistracy and body of jurisprudence apply equally to a censorship.

A magistrate has laws to administer: a censor has nothing but his own

opinion. A judge leaves the question of guilt to the jury: the Censor

is jury and judge as well as lawgiver. A magistrate may be strongly

prejudiced against an atheist or an anti-vaccinator, just as a sanitary

inspector may have formed a careful opinion that drains are less healthy

than cesspools; but the magistrate must allow the atheist to affirm

instead of to swear, and must grant the anti-vaccinator an exemption

certificate, when their demands are lawfully made; and in cities the

inspector must compel the builder to make drains and must prosecute

him if he makes cesspools. The law may be only the intolerance of the

community; but it is a defined and limited intolerance. The limitation

is sometimes carried so far that a judge cannot inflict the penalty for

housebreaking on a burglar who can prove that he found the door open

and therefore made only an unlawful entry. On the other hand, it is

sometimes so vague, as for example in the case of the American law

against obscenity, that it makes the magistrate virtually a censor. But

in the main a citizen can ascertain what he may do and what he may not

do; and, though no one knows better than a magistrate that a single

ill-conducted family may demoralize a whole street, no magistrate can

imprison or otherwise restrain its members on the ground that their

immorality may corrupt their neighbors. He can prevent any citizen

from carrying certain specified weapons, but not from handling pokers,

table-knives, bricks or bottles of corrosive fluid, on the ground that

he might use them to commit murder or inflict malicious injury. He has

no general power to prevent citizens from selling unhealthy or poisonous

substances, or judging for themselves what substances are unhealthy and

what wholesome, what poisonous and what innocuous: what he CAN do is

to prevent anybody who has not a specific qualification from selling

certain specified poisons of which a schedule is kept. Nobody is

forbidden to sell minerals without a licence; but everybody is forbidden

to sell silver without a licence. When the law has forgotten some

atrocious sin--for instance, contracting marriage whilst suffering

from contagious disease--the magistrate cannot arrest or punish the

wrongdoer, however he may abhor his wickedness. In short, no man is

lawfully at the mercy of the magistrate's personal caprice, prejudice,

ignorance, superstition, temper, stupidity, resentment, timidity,

ambition, or private conviction. But a playwright's livelihood, his

reputation, and his inspiration and mission are at the personal mercy of

the Censor. The two do not stand, as the criminal and the judge stand,

in the presence of a law that binds them both equally, and was made

by neither of them, but by the deliberative collective wisdom of the

community. The only law that affects them is the Act of 1843, which

empowers one of them to do absolutely and finally what he likes with the

other's work. And when it is remembered that the slave in this case

is the man whose profession is that of Eschylus and Euripides, of

Shakespear and Goethe, of Tolstoy and Ibsen, and the master the holder

of a party appointment which by the nature of its duties practically

excludes the possibility of its acceptance by a serious statesman or

great lawyer, it will be seen that the playwrights are justified in

reproaching the framers of that Act for having failed not only to

appreciate the immense importance of the theatre as a most powerful

instrument for teaching the nation how and what to think and feel, but

even to conceive that those who make their living by the theatre are

normal human beings with the common rights of English citizens. In this

extremity of inconsiderateness it is not surprising that they also did

not trouble themselves to study the difference between a censor and

a magistrate. And it will be found that almost all the people who

disinterestedly defend the censorship today are defending him on the

assumption that there is no constitutional difference between him and

any other functionary whose duty it is to restrain crime and disorder.

One further difference remains to be noted. As a magistrate grows

old his mind may change or decay; but the law remains the same. The

censorship of the theatre fluctuates with every change in the views and

character of the man who exercises it. And what this implies can only be

appreciated by those who can imagine what the effect on the mind must

be of the duty of reading through every play that is produced in the

kingdom year in, year out.

The Shewing-up of Blanco Posnet · 第 28 / 68 题