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Areopagitica and the Resolution of Free Speech Complaints

AP Photo/Wayne Parry, File

Problem Statement: Britain's Intentionally Limited "Approved Speech"

Areopagitica provides a model of resolving free speech-related complaints. John Milton proposed this solution: "Complaints are freely heard, deeply considered and speedily reformed, [only] then is the utmost bound of civil liberty attained that wise men look for." Based on the erstwhile reality of Britain intentionally allowing only extremely limited “approved” speech, in Milton’s political pamphlet, we see a mechanism for accurately resolving complaints.

During the time Milton wrote Areopagitica in 1644, Britain required a license from several clergymen, sarcastically addressed as “glutton friars,” before almost any print media could be distributed to the public. This extreme rule was essentially an unethical form of prior restraint, because it occurred when British functionaries demanded a printing license or government approval before a work could be published, as the clergy and Stationers’ Company had government-like authority.

It was widespread in Milton’s era, and he wanted to eliminate it altogether. By examining the historical speech standards described in Areopagitica, we can see that the clergy became too carried away with power as they erased almost any work “that was not to their palat.”

Milton thought the licensing order had a surprising similarity to his encountering five forced “Imprimatur” acknowledgments on “the piaza” of one title page, “ducking and complementing each other with their shav’n references.” Imprimaturs were historical Catholic symbols of licensing.

The then-current monarchy and clergy used a virtually identical and dubious prior restraint law to the old Catholic Church to suppress works that were different from their own beliefs, under the pretext of inspecting any work in hopes of finding “nothing athwart the Catholic faith," but replacing the Catholic traditions with those of the British regime.

Because the English Civil War was looming, the then-current regime, led by Charles I and supported by Archbishop Laud, was unfortunately in competition with Parliament, which was attempting to rule England on its own and usurp the king.

Due to the fallout from the infighting, almost swapping Roundheads for Royalists, Parliament issued the Licensing Order of 1643 to make itself the bigger institution. All writers had to report author, printer, and publisher information to the Stationery Hall, “at least the printers."

Authors next had to register the actual content of any literary works directly with the government, according to the new order. Even if the author sought permission to reprint works that had already been approved and released with their blessing. The printer dare not go beyond his licenc’t copy; so often must the author trudge to his leave-giver," as per Milton, to view all the revisions the author made inside a manuscript. Unregistered pieces were intentionally destroyed, and writers that the Stationers’ Company found “offensive” could be interrogated and held under arrest, if not simply thrown in jail.

Something as minute as book binding — which does not require any writing or reading of the text, let alone participation with the argument found inside — became a reason for an employee to be placed in arrest. As punishment, even the printers’ printing presses could often be permanently destroyed by separating and “defacing according to ancient custom” their mechanical parts: “letters, nut, and spindle."

Milton's Free Speech Solution 

In Milton’s view, how would free speech-related complaints ideally get resolved? One researcher considers Milton's worldview a "marketplace of ideas." A reasonable “marketplace of ideas" model is here, in Milton's language: "Complaints are freely heard, deeply considered and speedily reformed, then is the utmost bound of civil liberty attained that wise men look for."

In Milton’s perspective, complaints about books should be resolved by the author being able to share their work and voluntarily answer questions from reader, or choose not to answer questions because the public could simply read the book to see what the author is saying and what he/she is portraying as reasonable. 

In truth, readers can defend the book to others if they believe the work contains beneficial content. Removing government-mandated censorship, in fact, would remove many free speech-related complaints. If one does not like certain works, one could buy a different book. All sides get the chance to explain their stories and express themselves as they please. All sides solve their problems in a professional manner and are encouraged to produce more works, fiction or non-fiction. There is no one state religion and readers do not lord power over others. Milton believed wholeheartedly that such knowledge and education were power. 

For instance, Milton alludes to the Biblical story of Micaiah posing as one of the false prophets telling King Ahab he may fight in battle with the Syrians when he posits that Truth is able to turn into “all shapes," like Micaiah telling Ahab what he wants to hear to have him ask if this is the actual truth and to attempt to lead him to obey the Lord, yet can still be“adjur’d into her own likeness." 

The anthropomorphized woman Truth, not unlike the personified Wisdom from Proverbs, can show up in many discussions without being stripped of her essence. Milton says that truth, reflected from academic knowledge, can be found in most forms of media, and readers often apply it to their lives; they apply it more strongly from studying multiple perspectives. In addition, Milton alludes to Adam eating from the tree forbidden to him to point out that people need knowledge to choose either good or evil for themselves. Traditional knowledge around the world can be used as a springboard for discussion about truth. 

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