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.