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''Areopagitica; A speech of Mr. John Milton for the Liberty of Unlicenc'd Printing, to the Parlament of England'' is a 1644 prose polemic by the English poet, scholar, and polemical author
John Milton John Milton (9 December 1608 – 8 November 1674) was an English poet and intellectual. His 1667 epic poem '' Paradise Lost'', written in blank verse and including over ten chapters, was written in a time of immense religious flux and political ...
opposing licensing and censorship. ''Areopagitica'' is among history's most influential and impassioned philosophical defences of the principle of a right to
freedom of speech and expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been ...
. Many of its expressed principles have formed the basis for modern justifications.


Background

''Areopagitica'' was published 23 November 1644 at the height of the English Civil War. It takes its title in part from ''Areopagitikos'' ( el, Ἀρεοπαγιτικός), a speech written by Athenian orator
Isocrates Isocrates (; grc, Ἰσοκράτης ; 436–338 BC) was an ancient Greek rhetorician, one of the ten Attic orators. Among the most influential Greek rhetoricians of his time, Isocrates made many contributions to rhetoric and education throu ...
in the 4th century BC. (The Areopagus is a hill in Athens, the site of real and legendary tribunals, and was the name of a council whose power Isocrates hoped to restore.) Some argue that it is more importantly also a reference to the defense that
St Paul Paul; grc, Παῦλος, translit=Paulos; cop, ⲡⲁⲩⲗⲟⲥ; hbo, פאולוס השליח (previously called Saul of Tarsus;; ar, بولس الطرسوسي; grc, Σαῦλος Ταρσεύς, Saũlos Tarseús; tr, Tarsuslu Pavlus; ...
made before the Areopagus in Athens against charges of promulgating foreign gods and strange teachings, as recorded in . Like Isocrates, Milton (who was not a member of parliament) did not mean his work to be an oral speech to that assembly. Instead, it was distributed via pamphlet, thus defying the same publication censorship which he argued against. As a radical, Milton had supported the
Presbyterians Presbyterianism is a part of the Reformed tradition within Protestantism that broke from the Roman Catholic Church in Scotland by John Knox, who was a priest at St. Giles Cathedral (Church of Scotland). Presbyterian churches derive their nam ...
in Parliament, and would later work as a civil servant for the new republic, but in this work he argued forcefully against Parliament's 1643 ''Ordinance for the Regulating of Printing'', also known as the Licensing Order of 1643, in which Parliament required authors to have a license approved by the government before their work could be published. According to the British Library, "State control of printing was introduced by Henry VIII and continued into the 17th century. In April 1638, political agitator John Lilburne was arrested for importing subversive books. He was fined £500 and flogged for the two miles between the Fleet Prison and the pillory. Milton wrote his pamphlet as a protest against Lilburne’s treatment." This issue was personal for Milton, as he had suffered censorship himself in his efforts to publish several tracts defending divorce (a radical stance which met with no favour from the censors). In particular, ''
The Doctrine and Discipline of Divorce ''The Doctrine and Discipline of Divorce: Restor'd to the Good of Both Sexes, From the Bondage of Canon Law'' was published by John Milton on 1 August 1643. An expanded second edition was published on 2 February 1644. The editions were published ...
'' (1643), which he published anonymously and unlicensed, was condemned by the Puritan clergy as being heretical and intending to foster sexual libertinism, and it was cited in petitions to parliament as evidence of the need to reinstall a system of prepublication licensing. ''Areopagitica'' is full of biblical and classical references which Milton uses to strengthen his argument. This is particularly fitting because it was being addressed to the Calvinist Presbyterians who composed Parliament at that time. According to George H. Sabine, the ''Areopagitica'' presumed and was written for an engaged public:


Argument

Before presenting his argument, Milton defends the very idea of writing a treatise such as ''Areopagitica''. He compliments England for having overcome the tyranny of Charles I and the prelates, but his purpose is to voice his grievances. Milton defends this purpose, holding that to bring forth complaints before the Parliament is a matter of civil liberty and loyalty, because constructive criticism is better than false flattery. He concludes his introduction by encouraging Parliament to obey "the voice of reason" and to be "willing to repeal any Act" for the sake of truth and upright judgment.


Origins of licensing system

Milton begins with historical evidence noting that Ancient Greece and Rome did not adhere to the practice of licensing. In some cases, blasphemous or libellous writings were burnt and their authors punished, but it was after production that these texts were rejected rather than prior to it. Milton argues that a work should be "examined, refuted, and condemned" rather than prohibited before examination. Milton points out that licensing was first instituted by the Catholics with the Inquisition. This fact appealed to Parliament's religious beliefs since it was dominated by Protestants, and there were conflicts between the Protestants and Catholics in England. Milton provides historical examples of the aftermath following the Inquisition, including how there were popes in Rome beginning in the 14th century who became tyrannical licensers. For example,
Pope Martin V Pope Martin V ( la, Martinus V; it, Martino V; January/February 1369 – 20 February 1431), born Otto (or Oddone) Colonna, was the head of the Catholic Church and ruler of the Papal States from 11 November 1417 to his death in February 1431. Hi ...
became the first to prohibit the reading of heretical books, and then in the 16th century the Council of Trent and Spanish Inquisition prohibited texts that were not even necessarily heretical, but only unfavorable to the friars.


Use of books and reading

Milton precedes his argument by discussing the purpose of reading. He mentions that
Moses Moses hbo, מֹשֶׁה, Mōše; also known as Moshe or Moshe Rabbeinu (Mishnaic Hebrew: מֹשֶׁה רַבֵּינוּ, ); syr, ܡܘܫܐ, Mūše; ar, موسى, Mūsā; grc, Mωϋσῆς, Mōÿsēs () is considered the most important pro ...
, David, and Paul were all learned, which reminds his Protestant audience that being learned involves reading "books of all sorts". He argues that this includes even the "bad" or heretical books, because we can learn from their wrongs and discover what is true by considering what is not true. Milton's point is that God endowed every person with the reason, free will, and conscience to judge ideas for themselves, so the ideas in a text should be rejected by the reader's own choice, not by a licensing authority. Also, the mind is not corrupted simply by encountering falsehood. Milton points out that encountering falsehood can actually lead to virtuous action, such as how St. Paul's converts had privately and voluntarily burned Ephesian books considered to be "magick".


Usefulness of licensing order

Milton then argues that Parliament's licensing order will fail in its purpose to suppress scandalous, seditious, and libellous books: "this order of licencing conduces nothing to the end for which it was fram'd". The order was meant to rectify manners by preventing the spread of an "infection" caused by bad books. Milton objects, arguing that the licensing order is too sweeping, because even the Bible itself had been historically limited to readers for containing offensive descriptions of blasphemy and wicked men. Milton also points out that Parliament will not protect the ignorant from bad books by this order, because the books would more likely have been read by the learned anyhow. Furthermore, whatever bad ideas were written can still be taught through word of mouth or otherwise, so "infection" or corruption is not prevented. Milton's point is that licensing books cannot possibly prevent societal corruption (it is "far insufficient to the end which it intends"), so there is no viable stopping point: "If we think to regulat Printing, thereby to rectifie manners, we must regulate all recreations and pastimes, all that is delightful to man". Finally, Milton also points out that, if there are even licensers fit for making these judgments, then the possibility of error in licensing books is still great, and the amount of time that the job would take is impractical.


Harmfulness of licensing order

Milton argues that licensing is "a dishonour and derogation to the author, to the book, to the privilege and dignity of Learning". This is because many authors will produce a written work with genuinely good intentions only to have it censored by what amounts to a subjective, arbitrary judgment of the licenser. Milton also thinks that England needs to be open to truth and understanding, which should not be monopolised by the government's standards. Faith and knowledge need exercise, but this order will lead to conformity and laziness. Licensing will hinder discovery of truth by the government's prejudice and custom, because there will always be more truth to be found that we do not yet know of. Milton thinks that licensing could potentially hinder God's plans, since it gives the licenser the power to silence others.


Conclusion

Milton recognises individual rights, but he is not completely
libertarian Libertarianism (from french: libertaire, "libertarian"; from la, libertas, "freedom") is a political philosophy that upholds liberty as a core value. Libertarians seek to maximize autonomy and political freedom, and minimize the state's e ...
in ''Areopagitica'' as he argues that the '' status quo ante'' worked best. According to the previous English law, all books had to have at least a printer's name (and preferably an author's name) inscribed in them. Under that system, Milton argues, if any blasphemous or libellous material is published, those books can still be destroyed after the fact. "Those which otherwise come forth, if they be found mischievous and libellous, the fire and the executioner will be the timeliest and the most effectuall remedy, that mans prevention can use." Milton seeks a means by which to ensure that authors and publishers remain culpable for any "mischievous" or "libellous" work that they produce. Regardless, Milton certainly is not without remorse for the libellous author, nor does he promote unrestricted free speech. In addition, he admits that his tolerance is limited: According to Nicholas McDowell, the second part of the forecited statement is usually left out by those quoting the first part to show that Milton was, at heart, a religious bigot, and that his ideas about free speech and intellectual liberty have little to teach us about liberalism today. (That said, whether the second half of the statement is actually an effective mitigation to the bigotry is a question eminently suited for discussion.)


Critical response

''Areopagitica'' did not persuade the Presbyterians in Parliament to invalidate the prepublication censorship component of the Licensing Order of 1643; freedom of the press in this sense was not achieved until 1695, when the Parliament chose not to renew the order. However, as Milton's treatise has been overwhelmingly praised, understanding his audience moves us toward an understanding of why it was unsuccessful. Milton and the Presbyterians had together abolished the
Star Chamber The Star Chamber (Latin: ''Camera stellata'') was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Counsellors and common-law judges, to supplement the judic ...
under Charles I, but now that they were not being oppressed and they held the power, the Presbyterians in Parliament no longer held to their defence of freedom of the press. Through the Licensing Order of 1643, they were set on silencing the more radical Protestants, the Independents as well as works supporting the King which had begun to appear in London. Milton's treatise is his response to that licensing order, which clearly came at a time when he and the Parliament were already at odds. In addition, by the time Milton wrote ''Areopagitica'' he had already unsuccessfully challenged Parliament in other areas of privilege and right. Milton's divorce tracts proved too radical for his immediate day, as did this work. Milton's ideas were ahead of his time in the sense that he anticipated the arguments of later advocates of freedom of the press by relating the concept of free will and choice to individual expression and right. Milton's treatise "laid the foundations for thought that would come after and express itself in such authors as
John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
and
John Stuart Mill John Stuart Mill (20 May 1806 – 7 May 1873) was an English philosopher, political economist, Member of Parliament (MP) and civil servant. One of the most influential thinkers in the history of classical liberalism, he contributed widely to ...
". However, although Milton's ideas were initially resisted by the Puritans, they were incorporated into the official charter of the Puritan church within a few years. The Westminster Confession of Faith, written between 1643 and 1650, allows for divorce on two grounds: infidelity and abandonment. The Westminster Confession of Faith states: "Adultery or fornication, committed after a contract, being detected before marriage, giveth just occasion to the innocent party to dissolve that contract. In the case of adultery after marriage, it is lawful for the innocent party to sue out a divorce, and after the divorce to marry another, as if the offending party were dead." The Westminster Assembly or
Synod A synod () is a council of a Christian denomination, usually convened to decide an issue of doctrine, administration or application. The word ''wikt:synod, synod'' comes from the meaning "assembly" or "meeting" and is analogous with the Latin ...
was a broad representation of the " Puritan" community in Britain at that time. 120 members were leaders in the Church of England, 30 were lay delegates and 6 were commissioners from the Church of Scotland. Another example of its influence is in that of the United States Constitution, which includes the prohibition against prior restraint, or pre-publication censorship. This prohibition is necessary because, as Milton recognised in ''Areopagitica'', to threaten censorship prior to publication would have a chilling effect on expression and speech, or in Milton's view, it would interfere with the pursuit of truth as it relates to a providential plan.


Modern references to ''Areopagitica''

A quotation from ''Areopagitica'' is prominently displayed over the entrance to the renovated Main Reading Room of the
New York Public Library The New York Public Library (NYPL) is a public library system in New York City. With nearly 53 million items and 92 locations, the New York Public Library is the second largest public library in the United States (behind the Library of Congress ...
: "A good Booke is the precious life-blood of a master spirit, imbalm'd and treasur'd up on purpose to a life beyond life". The
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
has referred to ''Areopagitica'', in interpreting the First Amendment to the United States Constitution, to explain the Amendment's protections. The Court has cited ''Areopagitica'' by name in four cases. Most notably, the Court cited ''Areopagitica'' in the landmark case ''
New York Times Co. v. Sullivan ''New York Times Co. v. Sullivan'', 376 U.S. 254 (1964), was a landmark U.S. Supreme Court decision ruling that the First Amendment to the U.S. Constitution's freedom of speech protections limit the ability of American public officials to sue for ...
'' to explain the inherent value of false statements. The Court cited Milton to explain the dangers of prior restraint in '' Times Film Corporation v. City of Chicago''. Later, Justice Douglas concurred in ''
Eisenstadt v. Baird ''Eisenstadt v. Baird'', 405 U.S. 438 (1972), was a landmark decision of the U.S. Supreme Court that established the right of unmarried people to possess contraception on the same basis as married couples. The Court struck down a Massachusetts la ...
'', citing the pamphlet to support striking down restrictions on lecturing about birth control. Finally, Justice Black cited ''Areopagitica'' when he dissented from the Court's upholding of restrictions on the Communist Party of the United States against a free speech and free association challenge in ''
Communist Party of the United States v. Subversive Activities Control Board ''Communist Party of the United States v. Subversive Activities Control Board'', 351 U.S. 115 (1956). and 367 U.S. 1 (1961),. was a federal court case in the United States involving the compelled registration of the Communist Party of the United ...
''. In each instance, Milton is cited by the Court's members to support a broad and expansive protection of free speech and association. Th
online magazine ''Areo''
(editor-in-chief Iona Italia, deputy editor Daniel Sharp) is named after ''Areopagitica''.


See also

* Book censorship * Chilling effect *''
Of Education The tractate ''Of Education'' was published in 1644, first appearing anonymously as a single eight-page quarto sheet (Ainsworth 6). Presented as a letter written in response to a request from the Puritan educational reformer Samuel Hartlib, it r ...
'' * John Peter Zenger


References


Editions

* * * ; includes Arber's introduction and the text of the Star Chamber decree 11-07-1637 and orders of the House of Commons 29-01-1642, 9-03-1643 and of the Lords and Commons 14-06-1643


External links


Online text
from Dartmouth's Milton Reading Room
''Areopagitica'' in Modern English

''Areopagitica'' audio recording
public domain solo recording by Moira Fogarty at Internet Archive * {{Authority control Books by John Milton Political books 1644 books English Civil War Books about the media Philosophical literature Censored books Freedom of speech in the United Kingdom