Freedom of expression and the palladium of British liberties, 1650–2000: A review essay

Abstract

London has a reputation for being the "libel capital of the world." Seemingly arcane defamation laws continue to constrain free speech. At the same time, Britain has long been celebrated as a pioneer of freedom, being one of the first to eliminate censorship and enshrine the liberty of the press. This article surveys the extensive literature on freedom of speech, newspapers, and censorship from the late-17th century through the 20th. By drawing this scholarship together, the author emphasizes long-standing continuities in debates over freedom of speech, freedom of expression, and the place of defamation law in determining the limits of these dearly held liberties. It is in this context that the notorious libel laws begin to look less obscure and, indeed, more central to negotiations over civil liberty since the 18th century. When examined in this light, Britain looks far less exceptional; its struggles over the boundaries of free speech are at the core of public debates across the globe. 1 | INTRODUCTION Theater critic Kenneth Tynan understood the impact of censorship. In 1967, when he testified before a parliamentary committee on theater censorship, Tynan was in the midst of a 2-year struggle to stage German playwright Rolf Hochhuth's Soldiers: An Obituary for Geneva at London's National Theatre. The Lord Chamberlain's Office refused the license, though it was clear to all at the time that this would be one of the office's last acts. An outspoken supporter of free expression, Tynan argued that Britain could afford to undo this last corner of censorship because the laws of libel were sufficient to protect personal reputation. 1 Tynan's comment might strike one as odd-ironic, too. English libel laws are notorious for their "chilling effect" on freedom of expression and are far more stringent than either American or European law. 2 The British might enjoy a free press and freedom of expression, but it comes with much-hated defamation hazards which frequently make