Nick Cohen Nick Cohen

The tweet police

Writing with the optimism of a high-Victorian liberal, John Stuart Mill said that the only legitimate restriction on freedom of speech was to stop the direct incitement to a crime. He picked the example of corn dealers. The 19th century poor hated them. They made inflammatory accusations that the dealers were enriching themselves by keeping the price of bread artificially high. But Mill said

‘An opinion that corn-dealers are starvers of the poor, or that private property is robbery, ought to be unmolested when simply circulated through the press, but may justly incur punishment when delivered orally to an excited mob assembled before the house of a corn-dealer, or when handed about among the same mob in the form of a placard.’

Notice that Mill did not say that the state could punish an agitator for libelling corn dealers by making false accusations of profiteering. Nor did he say that the authorities could prosecute agitators for inciting hatred against corn dealers.

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