Teaching the Freedom of Teaching the Freedom of the Pressthe Press

The case of Early Modern EnglandThe case of Early Modern England

Understanding the freedom of press Understanding the freedom of press in 2012in 2012

‘‘After Parliament gave judges the power to develop a right to After Parliament gave judges the power to develop a right to privacy in 2000, the judiciary rejected England’s tradition of privacy in 2000, the judiciary rejected England’s tradition of open justice with a breathtaking disdain for the past. The open justice with a breathtaking disdain for the past. The judges did not allow a free press to report what it knew, and judges did not allow a free press to report what it knew, and punish editors only if they unjustifiably infringed the rights of punish editors only if they unjustifiably infringed the rights of others. Instead, they engaged in pre-publication censorship, others. Instead, they engaged in pre-publication censorship, the most suffocating form there is, and told newspapers in the most suffocating form there is, and told newspapers in advance that they could never report forbidden facts … Then advance that they could never report forbidden facts … Then the judges screwed the lid down tighter. They turned ordinary the judges screwed the lid down tighter. They turned ordinary injunctions into ‘super-injunctions, which not only barred injunctions into ‘super-injunctions, which not only barred reporters from revealing why claimants had gone to court but reporters from revealing why claimants had gone to court but barred them from revealing that claimants had gone to court at barred them from revealing that claimants had gone to court at all. The censors censored the fact of censorship Nick Cohen, all. The censors censored the fact of censorship Nick Cohen, You Can’t Read this book You Can’t Read this book (2012)(2012)

Contemporary ContextContemporary Context

Leveson InquiryLeveson Inquiry Hacking and the right to Hacking and the right to

privacyprivacy Hateful speechHateful speech Free speech and Free speech and

religious tolerationreligious toleration

Problems of Explaining seventeenth-Problems of Explaining seventeenth-century contextcentury context

Freedom of speech and press is based on Freedom of speech and press is based on religion not politicsreligion not politics

All people in the seventeenth-century believe All people in the seventeenth-century believe in indivisible truth claimsin indivisible truth claims

Students think they have rights but don’t know Students think they have rights but don’t know whywhy

What is the opposite of toleration?What is the opposite of toleration? What is the nature of the public?What is the nature of the public?

Examples of restraining the pressExamples of restraining the pressBastwick, Burton and Prynne (1637)Bastwick, Burton and Prynne (1637)

Henry Burton shown Henry Burton shown with his ears cut offwith his ears cut off

Archbishop Laud is Archbishop Laud is vomiting blasphemous vomiting blasphemous booksbooks

Demonstrates the Demonstrates the tyranny of Charles Ityranny of Charles I

James Naylor (1656)James Naylor (1656)

Demonstrates the Demonstrates the tension of religious tension of religious toleration and freedom toleration and freedom of speechof speech

Harsh or exemplary Harsh or exemplary punishment?punishment?

The collapse of the The collapse of the Cromwellian regimeCromwellian regime

Titus Oates (1685)Titus Oates (1685)

Caused the Exclusion Caused the Exclusion CrisisCrisis

Based only on rumourBased only on rumour Happened at a moment Happened at a moment

of the free pressof the free press

Daniel Defoe (1702)Daniel Defoe (1702)

Effective satire on the Effective satire on the High-Church partyHigh-Church party

Happened when there Happened when there was supposed to be a was supposed to be a free pressfree press

Ruined his career. Ruined his career. Became a party hack Became a party hack

A News Revolution?A News Revolution? Key developmentsKey developments

The invention of new The invention of new technology for information technology for information dissemination (the newspaper)dissemination (the newspaper)

The creation of new sites for The creation of new sites for reading hearing and reading hearing and discussing the news (the discussing the news (the coffee house)coffee house)

The development of a new The development of a new occupation of circulating the occupation of circulating the news (the news-monger, news (the news-monger, news-writer or journalist)+news-writer or journalist)+

An information society but not a free An information society but not a free presspress

The ‘news revolution’ does not The ‘news revolution’ does not amount to the acceptance of a free amount to the acceptance of a free presspress

Restrictions on reporting of political Restrictions on reporting of political events still in place – votes/debates in events still in place – votes/debates in Parliament not officially reported – Parliament not officially reported – post Restoration, gov’t newspaper post Restoration, gov’t newspaper The London Gazette The London Gazette largely focuses largely focuses on foreign newson foreign news

Strict laws in place governing Strict laws in place governing seditious writing and speech, treason, seditious writing and speech, treason, blasphemy that place serious blasphemy that place serious limitations on free expressionlimitations on free expression

Even works that are published often Even works that are published often ‘doctored’ by official licensers‘doctored’ by official licensers Seventeenth-century print displaying

the supposedly blind and easily swayed nature of public opinion

Matthew Tindal and the case for a Matthew Tindal and the case for a free pressfree press

1698 – 1698 – A Letter to a Member of ParliamentA Letter to a Member of Parliament The first tract in England to make the case for The first tract in England to make the case for

a free pressa free press Based on religionBased on religion Man must seek salvationMan must seek salvation Man must reason to meet GodMan must reason to meet God Restraining the press is priestly tyrannyRestraining the press is priestly tyranny

Hatred of TindalHatred of Tindal

Henry Sachverell – The Case for Henry Sachverell – The Case for RestraintRestraint

Supported by the vast majority of the nationSupported by the vast majority of the nation Believed in charitable hatredBelieved in charitable hatred A free press very pernicious – the sin went on A free press very pernicious – the sin went on

and on after death – infecting othersand on after death – infecting others The voice of the people is the voice of hellThe voice of the people is the voice of hell

Jurgen Habermas’ ‘Public Sphere’Jurgen Habermas’ ‘Public Sphere’ Pre-emergence of a public sphere, culture Pre-emergence of a public sphere, culture

dominated by ‘Representational Publicity’ – dominated by ‘Representational Publicity’ – court controlled art, literature and theatre+court controlled art, literature and theatre+

Threatened by economic change, the decline of Threatened by economic change, the decline of feudalism and the emergence of national and feudalism and the emergence of national and territorial statesterritorial states

These changes lead to the separation of society These changes lead to the separation of society and the state (or ruler) and a greater demarcation and the state (or ruler) and a greater demarcation between public and private realms*between public and private realms*

This burgeoning market economy goes hand in This burgeoning market economy goes hand in hand with the development of print and a market hand with the development of print and a market for newsfor news

The ‘public sphere’ that it helps create is The ‘public sphere’ that it helps create is consolidated by two developments – the notion consolidated by two developments – the notion of the ‘privatised bourgeois family’ and the of the ‘privatised bourgeois family’ and the ‘world of letters’ (coffee-houses, salons) – both ‘world of letters’ (coffee-houses, salons) – both emphasising universalised Enlightenment values emphasising universalised Enlightenment values and the importance of reason and the free and the importance of reason and the free exchange of ideasexchange of ideas

Characteristics of the Bourgeois Characteristics of the Bourgeois Public SpherePublic Sphere

Social status of the participants is Social status of the participants is (at least in theory) disregarded(at least in theory) disregarded

Rational argument is the sole Rational argument is the sole arbiter of debate (appeals to God, arbiter of debate (appeals to God, heredity superseded)heredity superseded)

Public sphere allows the Public sphere allows the discussion of formerly taboo discussion of formerly taboo topics (so-called topics (so-called arcana imperii) arcana imperii) – – Habermas sees the debate in the Habermas sees the debate in the public sphere as inherently critical public sphere as inherently critical of political authorityof political authority

It is in real terms inclusiveIt is in real terms inclusive

The test case of EnglandThe test case of EnglandHabermas: ‘A public sphere that functioned in the political realm arose first in Habermas: ‘A public sphere that functioned in the political realm arose first in

Great Britain at the turn of the eighteenth-century’Great Britain at the turn of the eighteenth-century’

Why England?Why England? 1695 lapsing of the licensing act signals an effective end to 1695 lapsing of the licensing act signals an effective end to

censorshipcensorship 1694 founding of the Bank of England/facilitating of 1694 founding of the Bank of England/facilitating of

capitalist processescapitalist processes Development of Parliament and the emergence of cabinet Development of Parliament and the emergence of cabinet

government*government* Political violence is replaced by the party system as the Political violence is replaced by the party system as the

medium of political oppositionmedium of political opposition Toleration Act 1689 – effective separation of church and Toleration Act 1689 – effective separation of church and

state – religion becomes more a matter of personal beliefstate – religion becomes more a matter of personal belief

Criticisms of Habermas’ modelCriticisms of Habermas’ model Chronology – a number of historians – such as Peter Lake – argue that Chronology – a number of historians – such as Peter Lake – argue that

something like a ‘public sphere’ is in existence a long time before 1690s*something like a ‘public sphere’ is in existence a long time before 1690s* Habermas places too much emphasis upon reason and politics – rumour Habermas places too much emphasis upon reason and politics – rumour

and scandal just as important+and scandal just as important+ Socially, the ‘public sphere’ of critical debate not just ‘bourgeois’ but Socially, the ‘public sphere’ of critical debate not just ‘bourgeois’ but

included those below the gentry level – mass petitioning – evidence of included those below the gentry level – mass petitioning – evidence of seditious words indictmentsseditious words indictments

Yet the arenas for public debate – ex. Coffee houses, neither as open or Yet the arenas for public debate – ex. Coffee houses, neither as open or debate within them as reasoned as H and his supporters make out#debate within them as reasoned as H and his supporters make out#

Emergence of new media and new arenas for debate also exploited by the Emergence of new media and new arenas for debate also exploited by the crown- not necessarily oppositionalcrown- not necessarily oppositional

A free press or freedom of expression still not the goal of these debates and A free press or freedom of expression still not the goal of these debates and restrictions remain in placerestrictions remain in place

Conclusion 1Conclusion 1 The seventeenth to early The seventeenth to early

eighteenth century undoubtedly eighteenth century undoubtedly saw the emergence of something saw the emergence of something like modern ‘mass media’like modern ‘mass media’

This is not the same thing as a This is not the same thing as a free pressfree press

Much of this new technology was Much of this new technology was harnessed to pursuing ‘long-harnessed to pursuing ‘long-established religious and established religious and ideological conflicts’ideological conflicts’

‘‘Public spheres’ rather than one Public spheres’ rather than one unified arena for political debateunified arena for political debate

Early modern public sphere Early modern public sphere contracted by end of Stuart periodcontracted by end of Stuart period Portrait of Henry Sacheverell, tried

in 1710 for seditious libel

Conclusion 2 – The Sacheverell Conclusion 2 – The Sacheverell AffairAffair

Satirizing CensorshipSatirizing Censorship