Odger's English Common Law

158 SEDITION.
Utmost latitude is allowed in the discussion of all public
affairs. A fair comment on any matter of public interest is
no crime. " The power of free discussion is the right of
every subject in this country. In a free country like ours
the productions of a political author should not be too hardly
dealt with." 1 " The people have a right to discuss any
grievances they may have to complain of." 2 "A journalist
may canvass and censure the acts of the Government and
their policy—and, indeed, it is his duty." 3
In the present day at all events, an attempt to remove
from power the ministers in office, or any agitation for the
abolition of any tax or the repeal of any Act of Parliament,
cannot be seditious if no unlawful means be employed. Any
meeting lawfully convened for the discussion of any matter
of public interest, or for the bond fide purpose of reforming
our laws by petitioning Parliament, &c, is not seditious. So
with our newspapers. Any words which directly tend to
create riot and disorder will be punished. But subject to
these restrictions, which are necessary for the protection of
the public safety, our newspapers are free to publish what
they choose on any matter of public interest. The best
method of anticipating and thus preventing sedition is to
redress all just grievances of the people. Hence those who
call attention to such grievances and endeavour by lawful
means to remove them are not guilty of sedition; on the
contrary, they are assisting the Government in forestalling
sedition.*
This country is the birthplace of " the Liberty of the Press." At first
no doubt the printing press was regarded with apprehension, and deemed a
danger to the State. The King endeavoured to restrict the number of
presses and to keep them all in safe hands. Then a censor was appointed,
and no one might print (or, later, publish) a book without his Imprimatur.
This censorship continued till 1695, in spite of Milton's noble protest, the
Areopagitica, which was published on 24th November, 1644. But since
1695 no preliminary licence is necessary : any man may publish what he
will ; but he must be prepared to take the consequences if a jury decide
i Per Lord Kenyon, C. J., in S. v. Beeves (1796), Peake, Add. 0. at p. 86.
2 Per Littledale, J., in S. r. Collins (1839), 9 C. & P. at p. 461.
3 Per Fitzgerald, J., in R. v. Sullivan and others (1868), 11 (Jox, at p. 54.
i See Odgers on Libel and Slander (5th ed.), pp. 518—522.