40
According to Montesquieu, “there would be an end of everything, were the same man or
the
same body, whether of the nobles or of the people, to exercise those three powers,
that of enacting laws, that of executing the public resolutions, and of trying the causes of
individuals.”
101
Montesquieu thought that control of these three different powers by one
individual or by one particular group resulted
in arbitrary power, which, he believed, was
a threat to liberty. Arbitrary power causes apprehensions between individuals, and liberty
can be defined as “a tranquility of mind arising from the opinion each person has of his
safety.”
102
This arbitrary power could lead to unjust laws, including the prohibition of
speech.
Montesquieu went on to give more specifics about freedom of expression. First,
he claimed that “laws do not take upon them to punish any other than overt acts.”
103
Thus, controlling the thoughts of individuals was unacceptable. When it came to
expressing those
thoughts in speech, Montesquieu declared: “Speech is so subject to
interpretation; there is so great a difference between indiscretion and malice; and
frequently so little is there of the latter in the freedom of expression, that the law can
hardly subject people to a capital punishment for words unless it expressly declares what
words they are.”
104
According to Montesquieu, unless the individual
makes it explicitly
clear what he meant, others are not capable of condemning him for his words.
Furthermore, Montesquieu stated that words were still just an idea, the meaning of which
was often conveyed in tone, making it even harder to determine the true meaning of what
101
Charles De Secondat, Baron de Montesquieu,
The Spirit of Laws
Book 11, translated by Thomas Nugent
(London: G. Bell & Sons, Ltd., 1914),
http://www.constitution.org/cm/sol_11.htm
.
102
Ibid.
103
Montesquieu,
The Spirit of Laws
Book 12,
http://www.constitution.org/cm/sol_12.htm#011
.
104
Ibid.
41
was said. Finally, he discussed writings. He simply stated that “in writings there is
something more permanent than in [spoken] words, but when they are in no way
preparative to high treason they cannot amount to that charge.”
105
Although
he believed
freedom of speech should be limited, he was still supportive of freedom of speech as long
as it did not promote treason. Regardless, he thought that it was unwise to punish people
for their speech, because it was easy too misconstrue what one meant. Montesquieu was
one of the preeminent defenders of freedom of speech in the French Enlightenment.
Although France was certainly central
to the Enlightenment, the Enlightenment
had many thinkers and followers across Europe, and it was not just limited to moderate
thinkers. One radical thinker was the German born Karl Friedrich Bahrdt. He is an
important thinker to consider because he offered a radical, non-French perspective and
showed how the Enlightenment
progressed in other countries, He also spent time in what
some might call the freest state in Europe at the time—Prussia under Frederick the Great.
He experienced, however, varying degrees of censorship under Frederick the Great and
Frederick William II and was thus able to comment on government censorship. He was
born in 1741 to a father who was a professor and a preacher. He followed in his father’s
footsteps by studying theology beginning at sixteen. He then worked as a preacher and
professor, but as he aged, he gradually drifted towards natural religion,
eventually
abandoning Protestantism and organized religion in general. This, as well as several other
scandals, caused him to lose several teaching positions. He was forced to earn a living by
writing and even by being an innkeeper. Nevertheless, he was the “pre-eminent figure of
German radical thought.”
106
In fact, Bahrdt was following in Spinoza’s footsteps with his
105
Ibid.
106
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