WANTED: A NEW MAGNA CHARTA

This leads us to a very vital question. Is it not possible to amend the

law so as to make it possible for a lawyer to advise his client that

he may publish the works of Blake, Zola, and Swinburne, or produce the

plays of Ibsen and Mr. Granville Barker, or print an ordinary criticism

in his newspaper, without the possibility of finding himself in prison,

or mulcted in damages and costs in consequence? No doubt it is; but only

by a declaration of constitutional right to blaspheme, rebel, and deal

with tabooed subjects. Such a declaration is not just now within the

scope of practical politics, although we are compelled to act to a great

extent as if it was actually part of the constitution. All that can be

done is to take my advice and limit the necessary public control of

the theatres in such a manner as to prevent its being abused as a

censorship. We have ready to our hand the machinery of licensing as

applied to public-houses. A licensed victualler can now be assured

confidently by his lawyer that a magistrate cannot refuse to renew his

licence on the ground that he (the magistrate) is a teetotaller and has

seen too much of the evil of drink to sanction its sale. The magistrate

must give a judicial reason for his refusal, meaning really a

constitutional reason; and his teetotalism is not such a reason. In

the same way you can protect a theatrical manager by ruling out certain

reasons as unconstitutional, as suggested in my statement. Combine

this with the abolition of the common informer's power to initiate

proceedings, and you will have gone as far as seems possible at present.

You will have local control of the theatres for police purposes and

sanitary purposes without censorship; and I do not see what more is

possible until we get a formal Magna Charta declaring all the Categories

of libel and the blasphemy laws contrary to public liberty, and

repealing and defining accordingly.

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